Monday, December 13, 2010

Educational Appeals: What to do when your school does nothing.

http://wrightslaw.com/

OK, I know Canadian education law is different from US law. And here in Canada we are often shocked by how quickly people in the US go to court. "Sue em!" is often a first answer. But knowing your rights is important. But often I see Individual Education Plans (IEPs) that are silly, blame the student and parents and never once mention what supports the school will be offering. Often students are "coded" (labelled) by the schools when they have not written an IEP, haven't completed an FBA (Functional Behaviour analysis) and sometime students are even designated dangerous with a "safety plan" before the school has attempted to figure out what the problem is! I've seen 5 year olds with "safety plans" to protect staff and the student hasn't been assessed, no testing has been completed, and the student has been designated to be severely behaviourally disturbed before anyone understands what is wrong. Too many of our children end up being "home schooled" or in alternative placements, or on three year wait lists for assessments, because no seems accountable. There are ways to make schools accountable.

The Ministry of Education here in BC, however is a source of help when you feel you are not being served well by your school. Click here to go to their website. Since 1992, the School Act has included a provision for a student or parent to appeal a decision of an employee of a board of education. Section 11 of the School Act provides that “if a decision of an employee of a board significantly affects the education, health or safety of a student, the parent or the student may, within a reasonable time from the date that the parent or student was informed of the decision, appeal to the board.”

What do they provide"

Dispute Resolution
When disputes occur between parents or students and the school, the best way to resolve those disputes is through an informal resolution at the local level.This includes problem-solving, negotiation and discussions with those most directly involved in the dispute.

Appeal to a Board of Education
Every school district is required to establish an appeal process – this allows students and parents to file a section 11 appeal with their local board of education. A board of education is empowered to make any decision that it considers appropriate to the case before it as long as the decision is within the board’s authority under the School Act.

Appeal to a Superintendent of Achievement
A section 11.1 appeal to a superintendent of achievement is the final level of appeal for students and parents in the K–12 public education system. In order to appeal to a superintendent of achievement, the student or parent must have first appealed the matter to their board of education.

Every school district should have a free pamphlet about Educational Appeals. Ask for a copy. Ask for a copy of your child's education file. ALL OF IT. Put all of your requests in writing and get the school office to sign a copy that it was received.

And then takie a look at WrightsLaw. One of the reasons I recommend this American sight is it will at least give you an idea of what an IEP should look like. And give you an idea of what interventions your school should be able to offer.

Too often children in BC with ADHD, depression, anxiety and other similar disorders are relegated to home or on-line education because schools don't want to take on the task of learning what to do to support the student. Don't let this happen to you. Get professional help from a psychologist or other licensed pr5ofessional who is familiar with the schools and how they work. Join parent groups, join your school's parent group and find a support community.

Good luck. Don't give up, there is a process already there designed to help you.

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This blog is not offered as medical advice or as a means of diagnosing or treating ADHD, learning disabilities or any other disorder. Don't go on line and take an ADHD "test." The diagnosis is complex, and it involves not just looking for symptoms of ADHD, but also ruling out other disorders that might look just like ADHD. So avoid these on line "tests" which are nothing more than a collection of symptoms. You need to see a licensed or registered professional for that. Medical doctors can diagnose ADHD, but the diagnosis is complex and often they will make a referral to a Registered Psychologist. You can obtain a referral from the British Columbia Psychological Association for a psychologist near you.

My web page lists a number of resources you can make use of yourself in dealing with Attention Deficit Hyperactivity Disorder (ADHD). Please visit it at www.adhdhelp.ca or one of my other sites at either Psychology Today, AAMFT, PSYRIS or my professional site.

Attention Deficit Hyperactivity Disorder (ADHD) assessment and treatment services are offered for individuals, couples, families, children and adolescents in the Burnaby, Vancouver, Coquitlam, Port Moody, New Westminster and Maple Ridge areas of the lower mainland. This includes neuro-developmental assessments, psycho-education and cognitive behaviour therapy. I also provide diagnostic assessments for autism and Asperger's Disorder in my Burnaby office.

Dr. Jim Roche
Registered Psychologist, British Columbia 01610
778.998-7975
www.relatedminds.com

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