[Danielle Cross]

**available for behavioural intervention work in Chilliwack or Abbotsford areas***

Just wanted to throw out there if there are any individuals or teams looking for some help between Hope and Mission, I'm eager for work! As a mom to an 11-year-old boy with autism, I've got tons of patience, and a good, solid understanding of ABA. No formal experience with discrete trials, but am a quick learner, and have done a bit on my own with my son.

References, resume, and crim check available upon request.

email Danielle at chilliwackpitbull@shaw.ca

[Danielle Cross]

I'm out in Chilliwack actually.

I'm speaking with a couple of different advocates, so getting some support and direction that way. It seems that basically, if things don't go the way I'd like at the school meeting next week, I need to file an appeal. If when I file an appeal the board doesn't overturn the district's decision (and they usually don't), THEN I need to hire a lawyer.

ugh.

FWIW, I'm working on getting my degree and then my masters in special ed. Hopefully, if I become a special education teacher, I can start fighting to change the system from the inside, which would be more effective.

[Danielle Cross]

Does anyone know what's involved in getting a lawyer in order to force the school district to fulfill their duty to provide access to free and appropriate education?

I'm STILL having problems with our district, and am being shut out – they're not responding to my letters or emails. My son doesn't have a current IEP, I haven't gotten a single report card, and my (written) requests for an IEP meeting and transition meeting are being ignored.

At my wits' end here!

My hesitation with going the lawyer route, is:

a)doesn't that mean I have to pull my son out completely during the proceedings, until a decision is made? If that's the case then I'll spend all my (meager) savings on legal bills and a home educational program, and for what? We might not even win, in which case I'm out the $, and even if we do, it would likely take a couple of years, and then my kid will be two years older (he's 11 now).

b)I feel like if I take that step, there's no going back. It will shut down any hope of a open, working relationship with the district.

I don't want to sue the school district – this isn't about money. This is just about me wanting them to FOLLOW THE LAW and DO THEIR JOB.

Help!!!

[Danielle Cross]

our school district has the same ridiculous way of handling the first week. In our district, children who require a TA are asked to be kept home the first week of school as the TAs attend training that week and classes aren't sorted yet. Children with special needs who don't need a TA are encouraged to stay home also until classes are sorted.

[Danielle Cross]

Well, I just re-read the section on removal for health and safety:

".8.2 Removal Health Safety
British Columbia's School Act makes the following provision for the removal of a student from school: 91 (4) If a teacher, principal, vice-principal or director of instruction suspects a student is suffering from a communicable disease or other physical, mental or emotional condition that would endanger the health or welfare of the other students, the teacher, principal, vice-principal or director of instruction, must report the matter to the school medical officer, to the school principal and to the superintendent of schools for the district and may exclude the student from school until a certificate is obtained for the student from the school medical officer or a private medical practitioner permitting the student to return to school.

Local policies and procedures should focus on proactive preventative measures rather than giving sole attention to reactive processes.

Local agreements with employee groups may determine or influence the procedures adopted.

The board must continue to make available an educational program for any student removed or excluded from school for health or safety reasons. It is therefore recommended that boards establish policies and procedures related to the provision of educational programs to excluded students.

References
School Act, sections 85, 89 – 91"

So, based on that, am I wrong in assuming that the school district CANNOT simply wash their hands of my son and force me to homeschool? That they are legally obligated to still provide an educational program?

Has anyone heard of a school district declaring a child a "hardship case" and using that to discontinue services? The Principal of my son's last school (who has been very supportive of us) says she didn't think they could do that…

Also, at which point do you think it's necessary to consult a lawyer, and how do I find a lawyer who's experienced in this area of law?

[Danielle Cross]

thanks for the info. I've read (and have bookmarked) the whole School Act, and the MOE's policies on Special Ed. I'm no stranger to fighting with the school district – my son was out of school from November '06 to late May '07, with no services provided. I was asked to pull him, due to an escalation of behaviours both at home and school, which I agreed to, with the (spoken) agreement that it was to be for two weeks. Things dragged out far beyond that, obviously. The reason given for blocking his return to school was that they needed to ensure the safety of their staff, and protect the educational rights of the other children (my son has trouble complying, and protests LOUDLY). Unfortunately, while the School Act and Special Ed policy say that children should be provided with a free and appropriate education in a neighborhood classroom with typical peers, it goes on to say that alternative settings can be provided when necessary, as long as the goal is to return the child to a regular classroom. Further, there is policy that says when a child is deemed a health and safety risk (this is really meant in regards to communicable diseases, but the legislature is vague, so the district can thus apply it to a child who is aggressive), the child can be denied services until such time as the child no longer poses a risk.

Now, my son is likely ALWAYS going to pose a risk. He has a very complicated mental health diagnosis, and was raised with violence (he's adopted), the combo of which leads to non-compliant, aggressive behaviour. He will likely ALWAYS demonstrate some level of aggression – it's part of his disability. As such, can they exclude him?

As for documenting, I typically do. And I am always professional – I work in the Community Living field and am also a foster parent, so I'm pretty familiar with documenting, following policy, etc.

When I got this program he's currently in (which I fought like crazy for), I admit I relaxed a bit, and stopped the documenting and letter writing (other than taking minutes at our meetings). I guess it's time to get back on that train

Oh, and no, we don't have a home ABA program. However, we do use an ABA approach in everything we do.

Anyway, I'm happy to keep the list updated. Would love to discuss more in detail with someone who's BTDT – my email is chilliwackpitbull@shaw.ca (there's way too long of a history to write it all out here).

Thanks!

[Danielle Cross]

can a school district refuse to provide further services by declaring "hardship"?

My son has autism complicated with various other diagnoses (bipolar, PTSD, and others), which lead to high behaviours. The school district has been accomodating in thinking outside the box, and has provided an educational day program in an alternative setting. However, they've stated that the current program is not financially sustainable, and that we need to re-integrate him into a regular school (with TA support of course) by the end of November. If that does not happen, the district says that they've exhausted all resources and will declare hardship. When I asked what that meant, they said it would mean I'd have no option other than home schooling, that the district would refuse to provide further services.

My question is, can they do this? Can the district give up and declare him uneducable? Their arguement would be that he presents a health and safety risk due to his aggressive and disruptive behaviors.

On a side note, our district is no longer having parents sign IEPs or Safety Plans, as that makes them a contract. They say that this change was prompted by the findings in the Hewko (sp?) case.

Would love some feedback.

[Danielle Cross]

IEP is no longer a legal document?

I was in an IEP meeting for one of my foster kiddos today, who is developmentally delayed. The resource teacher told me that the team (including myself) didn't need to sign the IEP. She said that her directive from the district is not to have peole sign the IEP anymore, because that implies it's a legal document, which it isn't meant to be. She stated this was all in light of the Hewko case.

I'm pretty upset about this, as I COUNT on the IEP being a legal document, since that's what leads to accountability. Without an IEP to keep the school accountable, what will?

Does anyone know if what our district is doing is legal? Is this happening anywhere else?

[Danielle Cross]

Wanted: affordable, working copy of Boardmaker for Mac OS. Or advice on where to get it at a reasonable price. I've heard that the school district will often allow parents to purchase it through them, as they get a better price, but my district says no They don't have a Mac version to loan us, all our computers are Macs, and my son uses PECS. I've checked online prices, but they're confusing? Seems to range from $300-$700, and is not clear on what's included, what's current, what's needed, etc.

Please respond here or email Danielle at chilliwackpitbull@shaw.ca

[Danielle Cross]

Free to anyone who will pick it up:

I've got a very nice, like new, finished solid pine enclosed bed, with locking door. Fits a regular twin mattress. It belonged to my foster son (microcephaly, not ASD) in his previous home, as he was a night wanderer, and was tube fed at night. Would be perfect for a little ASD kiddo who tends to wander at night, or who still "wants" to be in a crib but has grown too big. To give you an idea, it looks like a very large wooden crib, with double doors that open outwards, rather than a rail that slides down.

It was purchased through Red Cross around 7 years ago, and was really expensive, but they don't want it back, as they don't use wood furniture anymore (because they can't sterilize it).

If you're interested, email Danielle at chilliwackpitbull@shaw.ca

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