It sounds like you need a new school. One that can handle your son. They are doing such a diservice to him. As I mentioned in an earler post that my son has ADHD and we got an IEP last year before the school ended. Luckly our principle is wonderful and helped us out a lot. With my son, it too was excessive talking, figiting (can spell it) and not focusing as well as not doing well with language arts ie writing, phonics ect. With the IEP he has more time to work on things. Something needs to give or your son will suffer in the long run.

What you describe - office chats - is exactly the kind of modification that would be written up in an IEP plan. It is a sound strategy that allows him to regroup.

What happens next year if the teacher decides she or he doesn't want to do this and she writes him up? You have no protection.

If the child needs intervention such as office chats, if he would benefit by instruction on how he can learn to self regulate his own behavior, if his behavior is a manifestation of his disability (and ADHD is considered a disability under the law), then he should have an IEP plan.

The plan insures that your son's needs are well documented. It gives you the legal teeth to insure compliance. Without these protections, they can implement school policy without regard to his disability.

An IEP does not guarantee an aide. However, if you can get the school to find him eligible for an IEP and if the team determines he needs an aide, he should get one.

It's not about the school, the budget or what the school wants to offer. It is about your child's legal rights and what he needs for a free and appropriate public education.

If he can't sit still to learn, if he is missing instruction because he is getting punished, he does not have access to an education.

I would press the school very hard to find him eligible.

With them changing his office refferals to office chats (which I saved the e-mail that the teacher sent me explaining if he is sent there for excessive talking, not staying on task, etc.... if would be a chat not a refferal which would eliminate the corporal punishment requirement because he isn't being written up) It is more or less time for him to remove him self from the situation, take a breather and either finish his assignment with the principal aiding him or going back in the class and try it again. The main reason I asked for an aide for him was re-direction. Last year the class he was in had a full time aide and she was able to re-direct him with him interupting the teacher.

I am afraid that your principal is not giving you the straight scoop.

A child can get an IEP for ADHD under at least one of two categories. OHI or SLD) www.wrightslaw.com/advoc/ltrs/eligibility_add.htm Generally, if the ADHD does not impact grades, but does impact work habits, social and behavioral standards, a child could qualify under OHI (Other Health Impaired). A child such as yours that requires special attention, accommodations and behavior planning most likely fits this definition.

If the ADHD impacts academics such as writing, math or comprehension, the child could qualify under SLD specific learning disability. This does not sound like your child, but as school gets more difficult, things could change.

An IEP affords your child many services and legal protections. Schools often do not want to be bound by an IEP because it holds them accountable for implementing certain supports, accommodations and resources. They often try to sway the parents away from IEP's telling them that there is a stigma.

Well, there might be a stigma to an IEP, but there is also a stigma to a child that is overwhelmed and acting out in school. With an IEP a parent has a better chance of securing the proper plan for their child.

Now, even if your child does not qualify for an IEP, I am quite sure that he qualifies for protection under section 504. www.wrightslaw.com/info/add.eval.ocrmemo.htm

If the school is threatening corporal punishment or expulsion, I would not let them wiggle out of legal protections such as an IEP or 504 plan.

I question wether they are looking out for your child's best interests or their own.

No he does not..... When I mentioned trying to get an IEP in place the principal said my son wasn't a priority since he makes straight A's and they cannot fail him due to his conduct. And with the schools budget a aide wouldn't be feasible. But they were going to try to work out another option to see if that could help..... which I explained below and so far it seems to be ok.....

Courtnie, I'm sorry, but I'm still confused...you mention TRYING to get an IEP and "I have talked to the principal numerous times now and they are willing to work with me since they don't want to go the "legal route" and having to provide a full time aide.

Does your son have an IEP at the present time?

I have come back and I read over all the comments. I have also replied a few times....... like I stated to the additional posting "I had mentioned trying to get an IEP because he is getting a 0 in conduct every week, but because he makes A's academically they said he is not considered a severe problem. And they cannot fail him due to his conduct. And yes he was diagnosed by a psychologist and is currently seen by a psychiatrist and is on Daytrana. The school has known that he is ADHD since he started last year"........ I have talked to the principal numerous times now and they are willing to work with me since they don't want to go the "legal route" and having to provide a full time aide. Now he has the option of earning his conduct back (they use color cards so if he changes his color for acting out and is awesome the rest of the day he can earn the right to move it back down which he seems to like) Also if he does happen to go to the principals office if it now just a "office chat" instead of a refferal so the school board will not be getting copies of it so we won't be going to court about it unless it is something that is non-related to his diagnoses. And now since it is a office chat he isn't up for the option of being paddled or suspended. Which hopefully this plan stays running smoothly. We have been doing this since the 1st progress report and he moved his conduct up from a F to C by report time.

pepelephew, I just wanted to say "welcome" and let you know that Greatschools computers automatically notify every person who has posted on a given discussion when a new comment has been added, unless you "uncheck" the box underneath where you write your reply..."Notify me when someone else replies to this discussion." (There is also an icon that looks like a "pair of glasses" above the original poster's name and title for the discussion, and if you click on it, you can "Unwatch" the conversation, to stop getting the automatic notifications.)

Another thing I've learned about this site is to look at the date of the original posting.....Unfortunately, it doesn't look like the person who wrote it has come back since August...you can click on their name (next to the title) and see their "recent activity."

I have a feeling none of us will really be able to help Courtnie or find out what's really going on with her son, unless she comes back to answer our questions.
:o(

Hello again,

I guess I am a little confused. I just received an email that someone had replyed to my post. I took it as a given there was an IEP in place due to the classroom size. My comment was to look at two sitituations' one where an IEP was in place and no question regarding your child's disability...before addressing the issue with the school I feel getting the best leverage of information is a wise and effedtive way to support your reasons that corporal punishment not be used on your child. Your child rights are protected under the disability guidelines. Many adjustments are made to a disabled person because they are not able to do what someone without a disability can do. In a school setting, one goal is to help each child reach their potential towards getting the average skills needed as adults. Next I approched this issue for a child without an IEP. In this sitituation, you would be starting from ground zero knowing there is something going on with your child/that this type of punishment would harm your child that would set your child back even futher. I went through everyone's comments and just expressed what advice I responded to....and had used in my own persoanl sitituation. In my sitiuation I was unaware of IEP's until I worked in special education myself. I am a Mom and a grandmother....so I go back a long way...information that rolls off most tongues in today's world was not the norm twenty to thirty years ago.
I agree with you regarding IEP's. They are the best protection you can have for your child. It is the enforcement of the IEP that becomes an issue. Especially, when a curve is thrown at you from your child's school like the discipline for all students. The IEP might not have addressed these issues or the school/teacher may have the opinion that corporal punishment doesn't harm your child....that a child with a learning disability can handle the punishment without hurting their ability to adjust to continue with the day's assignment.
I completely disagree with your comment regarding the professionals leading you to a lawyer or an advocate. The reason has to do with human nature. A professional doesn't always follow through with their responsibilities. It is imperative that a parent is aware that sometimes the professional does their job and others who don't. No one has your child's best interests as you do. I want to be really clear that I am not saying to have a chip on your shoulder or believe the worst in the professionals....just be aware...have a time limit that is reasonable for the professional to respond to your concerns. All I was expressing was my personal experience and a lesson I learned. Which is taking the time to understand the laws for yourself will help you know when a lawyer or advocate is leading you or representing your child with integrity....doing the job they are paid to do or agreed to do.
I didn't mean to w rite such a long response. I apologize if my comment was misleading or confused the issues. It was my first post where I combined what I read and my personal experience mixed together.
Sincerely,
Pepelephew

Are you sure that you do not have an IEP? It would be difficult--if not impossible--in most states to get a full time aide and placement in a class of 12 without an IEP. I am surprised that you could have gotten those with a 504. And, I'm with Michellea, you need the protection of an IEP--if for no other reason than to protect your child from being suspended without a manifestation determination. The professionals treating your child should be able to help you more or refer you to a lawyer or an advocate who can help.

hello,

I just joined this site a few hours ago and this is my first reply. I read everyone's suggestion on your question and there is great advice.First the 504 issue and federal funding...the best leverage you will have to protect and support your child....federal money has lots of people to answer to with lots of guidelines...getting the diagnosis from your doctor along with a specialist for ADHD in case the first doctor was a general family doctor....go online and go through the guidelines to be sure your child is quialifed under these guidelines....do this yourself and prepare your reasons...then get the doctor to support...appeal if necessary. I did something similar for my son. They said he did not fit the federal guideline for disability. Once I understood, I filed the appeal without an attroney and won the case.
Now on a personal note; when I first started reading about ADHD, I believe I read that childern even as babies with ADD are extremely sensitive to touch. Some ADD babies don't want to be touch. This is what jump out for me. Physical punishment on a child with ADD/ADHD may hurt the child more than the child without this condition. So get the law and doctors on your side and don't let some school decide a punishment that could harm your child. You have good insights and love for your child....so follow what you know is right for your child. Take care

Are you kidding me?? Is that legal?? For an ADHD kid to be punished like that is crazy!! To think that he is going to be ok with 6 other kids that are like him is nuts!!! Are the other kids on meds? Is yours?? I would find other school, state something because he is not getting from that school what he needs. I to have a son with ADHD and I WOULD NOT PUT UP WITH THAT SITUATION!!!

I understand completely what you are talking about. I have a nine year old, who just completed the 3rd grade, just barely. She was just diagnosed with having ADHD, where I am from, there is no corporal punishment, but the way they treat these kids with the associated behaviors might as well be. I don't believe that most teachers understand what we as parents go through with kids with special needs such as ours. I believe that it is imperative that the schools come up to date, and get with the times. Because the days of beating kids straight is over. They will not only rebel against the school, but us as parents.

it is illegal for any school in texas to suspend children in grades 3 or lower. I have a child that has been diagnosed with adhd/odd/bipolar we have struggeled with his school since pre school. he has a high iq and with the help of his psychiatrist he was tested at the end of his 5th grade year he is now in a inclusion class that has a teacher with a certified special ed teacher . they help children with adhd and add and odd with learning disabilitys they allow him to move around and discuss his lessions with other students at a low wisper of course he is loving it so far this year is the first time i heard him talk about going to college.

I'm guessing you live in the South, as that's where I've heard corporal punishment is still considered acceptable by some schools. As the other posters have already mentioned, your son is entitled to FAPE (free, APPROPRIATE public education) and he is not getting his needs met at the present time. I'd definitely follow the recommendations of michellea and push for an IEP, where he will also have more "legal" protections should he ever be suspended due to a manifestation of his ADHD/ODD...

Also, you mentioned that your son is using Daytrana...I'd encourage you to discuss the ongoing classroom concerns with his doctor, because a medication adjustment in type or dosage may also be helpful.

As far as other resources, I've found www.help4adhd.org to have some useful information for both parents and teacher in dealing with ADHD children.

Corporal Punishment aside, it is very important that you get the school based support and interventions required for your child to succeed in school. Success can be measured in both academic and social/behavioral terms.

These articles may help you secure an IEP:
www.wrightslaw.com/law/code_regs/OSEP_Memorandum_ADD_1991.html

Regarding Passing grades: Although school personnel told the parent that her child is not eligible because the child was "passing," this is incorrect. Children who receive passing grades and advance from grade to grade can be eligible for special education. The IDEA regulations clarify that schools must offer a free appropriate public education to any child with a disability who needs special education, "even though the child has not failed or been retained in a course or grade, and is advancing from grade to grade." (see IDEA Regulation 300.101, page 204 of Wrightslaw: Special Education Law)
www.wrightslaw.com/advoc/ltrs/eligibility_add.htm

Also - it is unclear if you have medical and behavioral intervention in place. If not, it is time to seek help from health care professionals. You want to help your child as much as you can - medical and theraputic professionals can assist. The school will take you more seriously if you are actively trying all you can to help. If you already have medical and theraputic intervention in place - great! Perhaps they can advise you on how to work with the school.

Here is a link that discusses the definition of disability according to the American's with Disabilities Act under section 504.
www.ilru.org/html/training/webcasts/handouts/2002/03-20-BE/handout.html
Section 504 makes anyone who receives federal funds provide accomodations for the disabled. It applies to schools and anyone else who receives federal funds. Read about the definition of a disability and see if your child qualifies. Don't just take the school's word for it, make sure you understand what he is eligible to receive so you can make sure he gets it.

I have to agree that corporal punishment won't work for a child who's behavior is a symptom of a physical problem and most especially does not work w/ODD. They have to have limits and consequences but corporal punishment administered by school personnel is not something I'd ever agree to.

Now that I've calmed down lol.....

I would do as Michella suggested. Put it into writing and ask for a Functional Behavior Analysis....

They can do a behavior plan that is Positive for him to help.

That is the best way to go.

I am just sick that there are schools out there that use CP!!!
I swear to god, If I were you I would march down to the district and threaten that you will call the police if they laid a hand on him!!! Is this something you had to sign to give permission before school started? What state do you live in?

Anyway imo if a kid has some Neuro issue's, the discipline is not the way to go. He really can't help himself, and CP is only going to hurt him and not fix a thing.

I would rather go with POSITIVE discipline to get him to do the things that are neccessary. OMG I'm so glad I live in calif for this one reason.

I seriously would be a witch on a stick if anyone made a decision to hit my child.

I had mentioned trying to get an IEP because he is getting a 0 in conduct every week, but because he makes A&B's academically they said he is not considered a severe problem. And they cannot fail him due to his conduct. And yes he was diagnosed by a psychologist and is currently seen by a psychiatrist and is on Daytrana. The school has known that he is ADHD since he started last year.

Is your child on an IEP or does he have a 504 plan? If not, please, please request an evaluation and eligibility meaning immediately. Here is some info about them: www.wrightslaw.com/info/sec504.index.htm

If your child has ADHD this is considered a disability. If his disability is precluding him from success in school - academic, social, emotional or otherwise, he is granted certain protections and special services. Does he have a doctor's diagnosis? Is the school aware?

If he is on an IEP, I would make a written request immediately for a functional behavior a Functional Behavior Assessment. The objective of this assessment is to identify the triggers of the behavior and to devise a plan to help the child. www.wrightslaw.com/info/discipl.fba.jordan.pdf and www.wrightslaw.com/info/discipl.fab.starin.htm
If he needs a full time aid, then he should get one. Corporal punishment and suspensions do not teach the skills needed for him to learn to self regulate. They do not provide an environment to encourage success. The suspension and punishment policy assumes that the behavior is purposeful. Kids with ADHD do not try to get in trouble. ADHD is a neurological condition that makes it difficult to regulate behavior.

It is the school's job to help him in this regard.

Finally, if he is already on an IEP, he is covered by manifestation determination. A provision in IDEA that gives him protections in the event of suspensions. www.ldonline.org/article/6031