In part one, we discussed Maria's story.* Here is Mason's story. Mason had severe reading problems that were identified in first grade. He was held back in fifth grade. By sixth grade, Mason was cutting school and stealing Jack Daniels from the local grocery store and drinking at school. By seventh grade, Mason was using a coke can as a weed bong in the bathroom. Mason was continually suspended from school.
In the mean time school district was eventually sued via class action for suspending kids without holding manifestation determination hearings. The class action suit resulted in Mason finally getting appropriate tutoring. He improved but was still many grade levels behind. However, the tutoring lit a spark in Mason and he was trying really hard.
Unfortunately, Mason was referred for expulsion, but by this time he was involved in the juvenile delinquency system. He was extremely far behind in reading. Mason's parents sued his school district and they promised to do better. Finally, in a confidential settlement agreement and the school agreed to provide lots of compensatory learning services, but a few months later Mason was killed walking home from school. He never received any of the services.
In general, I see a glaring pattern. By high school, kids with Learning Disabilities are fully aware of their shortcomings and are forced to choose between being identified as the "cool bad kid" or the "stupid special ed kid" ....They always choose cool trouble maker, cutting classes and smoking pot. School districts know they've failed these students early on.
Right now I'm averaging one to two expulsion cases per month. I think things are getting worse because of the budget cuts. Schools are slashing Special Day Classes and Resource Specialist Pullout programs and expelling Special Education kids. A few months ago, I got two in one week. One School district just cancels the expulsion hearing as soon as I send the representation letter because they know their justification will not hold up in court. One school district recently told a parent there's no point in fighting because they won't win. The parents didn't hire me because didn't think they would win. This kid was only in middle school.
Also, Districts are required to provide alternate placements and expelled Students are still entitled to a Free Appropriate Public Education(FAPE). These alternate placements are nothing but the road to drop out land.* http://www.sfbg.com/39/04/news_education.html
In cases where parents can afford it, they can simply provide 10 days notice, place in an non public school at parent expense and file for due process to seek reimbursement. However, for low income families, those options are not available. Parents can't afford to place. In fact, most parents can't even afford to challenge the expulsions then the kids are simply kicked out. Many of the more serious cases, I have to take at no cost to parents and seek fees from the school district. I shudder to think of all the kids that don't find me.
Comments
First thing: acknowledge that these children are teaching disabled, not learning disabled. Literacy instruction that starts in the formative years and is delivered by teachers who are thoroughly prepared to give explicit multisensory instruction, produce competent readers - the basis for all education. Current neuroscience confirms what practicing educational therapists have known. It conforms with the National Reading Report 2000. It would satisfy the NCLB LAW. Clearly we would save money by reducing special ed class size, and ultimately reducing costs of juvenile delinquents and prison populations. So what are we waiting for? As for children now in special education classes, let's do the right thing by showing them that they CAN LEARN with the guidance of well trained, experienced professionals. All children are entitled by law to appropriate education - so what are we waiting for? Let's change the general curriculum in kindergarten with appropriate instruction that lays the foundation for future success.
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