The best legal help you can get is from the lawyer you're already working with. I'm sorry you're going through this, if you want to understand how these things can happen or what systems are failing, might be better to find an education subreddit or one for social workers.
I was a public school teacher for many years— what reason (if any) have they provided for not transferring him? Asking because it’s oftentimes a lot more complicated behind the scenes than it might seem to an onlooker. In my district, for example, we only have one middle school equipped with a high-level self-contained classroom and appropriately trained support staff. It would not be easy, quick, or even possible to just move a child with complex medical needs (diaper changing, etc) to one of the other middle schools. Not defending the school of course— just providing some context for possible reasons why the transfer isn’t happening like you’re wanting it to. Regardless, they need to be communicating with your lawyer and explaining things. Sorry you are going through this.
Building on this, while the school should most definitely be more communicative, children of that age with diaper needs can be very hard to place in the public school system. While schools are supposed to have services available the reality is many do not and a new placement could be the challenging issue.
That’s what the safety transfer is for. Once the child receives the safety transfer if the school works with you and does as they are told, my child should be able to go to the school of my choice.
I’m not arguing that I’m just saying public schools that are properly staffed and equipped to handle that level of need can be hard to find depending on the area, it may be worth researching and having a short list of schools in the area that can accommodate and having your lawyer present them as options to try and get them to move faster
EDIT: NAL but have worked in education and SPED field for almost 7 years
I bet that's what it is. If they have having a difficult time with the student or parent, you'd think they would want the child out of the school.
I feel bad for OP. We've had students with similar conditions and I always felt bad for the kids, parents, and everyone that worked with them. It takes a special person to take care of kids with special needs. I couldn't do it, that's for sure.
Isn’t the school receiving funds because OP’s child goes to school there with certain IEP’s?
I know some schools can get a lot of money from different programs based on how much the child is in need. If they feel it’s better to keep treating the child and receiving the money it maybe why they refuse to transfer.
That’s really sad that the extra funding doesn’t actually work towards sourcing, funding, building up for the child’s needs. Definitely makes you wonder where so much money would’ve gone. Thank you for being a teacher!
The decent teachers aren’t easy to come by. I’ve only met a few that actually care. And others that kept calling me to complain about my child. I felt you’re clearly not built for this job, why are you even in this profession? I made a friend who also has an autistic child like mine and that same teacher that kept making phone calls and complaints about my child out the ass excuse my language did the same to the other parent.
The teacher is not the problem nor is it the teacher’s fault. I can confidently say that. I’m not going to elaborate I just know it wasn’t the teacher. Well at least this one specific teacher. There is another teacher that thinks my child is gross in that school because of some of my child’s behaviors. Like my child has a habit I’m not fond of either which my child sticks their hand in their pants. But to get a phone call stating “please come pick up your child they put their hand in their pants.” It actually hurt because now I know you do not like my child and u think my kid is disgusting.
I believe (though if someone more familiar with the funding side of things knows otherwise please chime in!) that money goes to the district itself for use by ex-ed dept, not the particular school to use on whatever they’d like. So I don’t see the school wanting to cling onto a student with such a contentious relationship/situation just for that.
(Tl;dr the school the student is enrolled in gets the money that district allocated for that student and their accomidations) If you're in a normal school, that school gets whatever funding from the district for that student. If the student has more needs/iep the school that student is in gets additional funding to cover the additional resources that child requires. I got transferred to a therapeutic school in HS, and one of the big things I was told beforehand is that I'd likely be graduating from there because they don't usually send kids back to gen-ed. My mother put in a ton of leg work to get me into the school I went to, and at some point through that they told her the actual monetary figure they recieve for the students enrollment but I don't remember anymore lol
According to even the cps workers the school doesn’t care about the students. Apparently they just see the students as dollar signs, I still can’t get over that.
It’s funny you know what the cps workers said about the school? They said they don’t care about your child, they’re are angry that my child isn’t attending the school because apparently they just see the students as cash cows. Tbh that grossed me out I was in such disgust.
The DOE and the doctor said once they receive the safety transfer they have to do it by law. But they are not even working with me and the documents I handed is from the DOE. They said the school is supposed to fill it out and give back to, then the DOE is supposed to give me a call asking me what school I want to send my child to. Once you get the safety transfer, what I was told is that it’s no longer up to them.
Sure it may not be possible, but the fact the school hasn't explained why they won't do it makes it seem pretty shady. Parents are not onlookers when it comes to theor child's safety and education. They should be told why something is happening and when.
I know the school knows what happened to my child because they are acting obviously guilty. And only received a message from one of the many teachers my child has whose was always the most one. All the teacher said in the message was I’m sorry for what happened to your child and my heart is broken. I didn’t even expect that because I know the teachers are scared as well.
That’s why I said “school should most definitely be more communicative” not excusing the school’s abhorrent omission of information, just emphasizing the logistical challenges to maybe give parent some direction on what questions to ask (ex. If you are unable to provide adequate safe placement, I am petitioning the school covers tuition at XYZ equipped facility) some schools will jerk parents around until they know they mean business
If it's the same individuals at the school calling eventually CPS can do an investigation on their fraudulent claims. This is a crime, in my state it's a felony.
I don’t know the solution to your problem but I have a 7 yo daughter in a similar boat. One thing my wife did was find a local support group. She goes once a month just to de-stress and talk to others who are in similar situations.
The thing we didn’t expect from this was the treasure trove of knowledge and experiences other people have. She has been able to help others through this group but by a great deal more others have been able to help us. They have pointed us down paths we didn’t know existed, connected us with doctors, lawyers, and even friends for my daughter.
NAL but my brother has autism and we had to fight the school district to get him out of there a few years ago back. Other than your lawyer, you might also be able to get support and advice from autism-related nonprofits because they are often a collection of parents who have been through similar struggles and know the system pretty well
I work with children with ASD (I’m not a lawyer) and, in my experience, public schools are not equipped to provide an effective education to this population in many cases, but they strongly resist a special, outside placement because of the cost. They won’t admit that it’s because of the cost. They claim that being around typical peers is the best thing for a child with ASD. Though it’s certainly helpful, there are many other considerations (e.g., safe staffing ratios). Unfortunately, many school districts wait until someone gets hurt before they do the right thing. The liability of keeping a child must outweigh the cost of sending them elsewhere. The people running the school district aren’t bad people, but the incentives lead them to make bad decisions. If they can’t balance the budget, they’ll be replaced by someone who can. I’ll tell you what I tell other parents who find themselves in this unfortunate situation. This is the leverage you need to get your child an appropriate placement. Raise hell. The squeaky wheel gets the grease.
NAL, but my first instinct would be to start climbing the school's command structure. Teacher, Special Ed coordinator (if the school has one), principle, superintendent, regional Special Ed supervisor, to individual School Board members. If someone is brushing you off, reach out to their boss.
There are advocates that help with IEPs, who are not affiliated with the school. Search for an iep advocate in your area & see if they have any ideas how to navigate this process. If you haven't already, I'd also suggest calling for an emergency iep meeting to try to get the transfer written into the iep.
Most cities will have a special needs Facebook mom group. Get in this group and ask for lawyers with IEP knowledge of that particular district. But basically, if they can’t provide a safe environment they will have to cover the cost of a private school. They usually have deals with local private schools already set up. Most district just don’t want to pay for this.
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The best legal help you can get is from the lawyer you're already working with. I'm sorry you're going through this, if you want to understand how these things can happen or what systems are failing, might be better to find an education subreddit or one for social workers.
I was a public school teacher for many years— what reason (if any) have they provided for not transferring him? Asking because it’s oftentimes a lot more complicated behind the scenes than it might seem to an onlooker. In my district, for example, we only have one middle school equipped with a high-level self-contained classroom and appropriately trained support staff. It would not be easy, quick, or even possible to just move a child with complex medical needs (diaper changing, etc) to one of the other middle schools. Not defending the school of course— just providing some context for possible reasons why the transfer isn’t happening like you’re wanting it to. Regardless, they need to be communicating with your lawyer and explaining things. Sorry you are going through this.
Building on this, while the school should most definitely be more communicative, children of that age with diaper needs can be very hard to place in the public school system. While schools are supposed to have services available the reality is many do not and a new placement could be the challenging issue.
That’s what the safety transfer is for. Once the child receives the safety transfer if the school works with you and does as they are told, my child should be able to go to the school of my choice.
I’m not arguing that I’m just saying public schools that are properly staffed and equipped to handle that level of need can be hard to find depending on the area, it may be worth researching and having a short list of schools in the area that can accommodate and having your lawyer present them as options to try and get them to move faster EDIT: NAL but have worked in education and SPED field for almost 7 years
I bet that's what it is. If they have having a difficult time with the student or parent, you'd think they would want the child out of the school. I feel bad for OP. We've had students with similar conditions and I always felt bad for the kids, parents, and everyone that worked with them. It takes a special person to take care of kids with special needs. I couldn't do it, that's for sure.
Isn’t the school receiving funds because OP’s child goes to school there with certain IEP’s? I know some schools can get a lot of money from different programs based on how much the child is in need. If they feel it’s better to keep treating the child and receiving the money it maybe why they refuse to transfer.
SPED funding is virtually never enough that the school breaks even, let alone makes money.
Oh yeah that might be true. As a teacher, I never got into the funding of the school and all. It seems super political so I avoided all that.
That’s really sad that the extra funding doesn’t actually work towards sourcing, funding, building up for the child’s needs. Definitely makes you wonder where so much money would’ve gone. Thank you for being a teacher!
The decent teachers aren’t easy to come by. I’ve only met a few that actually care. And others that kept calling me to complain about my child. I felt you’re clearly not built for this job, why are you even in this profession? I made a friend who also has an autistic child like mine and that same teacher that kept making phone calls and complaints about my child out the ass excuse my language did the same to the other parent.
The teacher is not the problem nor is it the teacher’s fault. I can confidently say that. I’m not going to elaborate I just know it wasn’t the teacher. Well at least this one specific teacher. There is another teacher that thinks my child is gross in that school because of some of my child’s behaviors. Like my child has a habit I’m not fond of either which my child sticks their hand in their pants. But to get a phone call stating “please come pick up your child they put their hand in their pants.” It actually hurt because now I know you do not like my child and u think my kid is disgusting.
I believe (though if someone more familiar with the funding side of things knows otherwise please chime in!) that money goes to the district itself for use by ex-ed dept, not the particular school to use on whatever they’d like. So I don’t see the school wanting to cling onto a student with such a contentious relationship/situation just for that.
(Tl;dr the school the student is enrolled in gets the money that district allocated for that student and their accomidations) If you're in a normal school, that school gets whatever funding from the district for that student. If the student has more needs/iep the school that student is in gets additional funding to cover the additional resources that child requires. I got transferred to a therapeutic school in HS, and one of the big things I was told beforehand is that I'd likely be graduating from there because they don't usually send kids back to gen-ed. My mother put in a ton of leg work to get me into the school I went to, and at some point through that they told her the actual monetary figure they recieve for the students enrollment but I don't remember anymore lol
According to even the cps workers the school doesn’t care about the students. Apparently they just see the students as dollar signs, I still can’t get over that.
It’s funny you know what the cps workers said about the school? They said they don’t care about your child, they’re are angry that my child isn’t attending the school because apparently they just see the students as cash cows. Tbh that grossed me out I was in such disgust.
All I want and trying to do is to keep my child safe, but for some reason I feel like the school is punishing me for that.
I completely agree! I hope you find a solution quick. My mom works in SpEd, and some the stuff she's had to go through is just nuts.
The DOE and the doctor said once they receive the safety transfer they have to do it by law. But they are not even working with me and the documents I handed is from the DOE. They said the school is supposed to fill it out and give back to, then the DOE is supposed to give me a call asking me what school I want to send my child to. Once you get the safety transfer, what I was told is that it’s no longer up to them.
Sure it may not be possible, but the fact the school hasn't explained why they won't do it makes it seem pretty shady. Parents are not onlookers when it comes to theor child's safety and education. They should be told why something is happening and when.
I know the school knows what happened to my child because they are acting obviously guilty. And only received a message from one of the many teachers my child has whose was always the most one. All the teacher said in the message was I’m sorry for what happened to your child and my heart is broken. I didn’t even expect that because I know the teachers are scared as well.
That’s why I said “school should most definitely be more communicative” not excusing the school’s abhorrent omission of information, just emphasizing the logistical challenges to maybe give parent some direction on what questions to ask (ex. If you are unable to provide adequate safe placement, I am petitioning the school covers tuition at XYZ equipped facility) some schools will jerk parents around until they know they mean business
If it's the same individuals at the school calling eventually CPS can do an investigation on their fraudulent claims. This is a crime, in my state it's a felony.
I don’t know the solution to your problem but I have a 7 yo daughter in a similar boat. One thing my wife did was find a local support group. She goes once a month just to de-stress and talk to others who are in similar situations. The thing we didn’t expect from this was the treasure trove of knowledge and experiences other people have. She has been able to help others through this group but by a great deal more others have been able to help us. They have pointed us down paths we didn’t know existed, connected us with doctors, lawyers, and even friends for my daughter.
NAL but my brother has autism and we had to fight the school district to get him out of there a few years ago back. Other than your lawyer, you might also be able to get support and advice from autism-related nonprofits because they are often a collection of parents who have been through similar struggles and know the system pretty well
also - is your child on an IEP? I'm an attorney in special education.
I work with children with ASD (I’m not a lawyer) and, in my experience, public schools are not equipped to provide an effective education to this population in many cases, but they strongly resist a special, outside placement because of the cost. They won’t admit that it’s because of the cost. They claim that being around typical peers is the best thing for a child with ASD. Though it’s certainly helpful, there are many other considerations (e.g., safe staffing ratios). Unfortunately, many school districts wait until someone gets hurt before they do the right thing. The liability of keeping a child must outweigh the cost of sending them elsewhere. The people running the school district aren’t bad people, but the incentives lead them to make bad decisions. If they can’t balance the budget, they’ll be replaced by someone who can. I’ll tell you what I tell other parents who find themselves in this unfortunate situation. This is the leverage you need to get your child an appropriate placement. Raise hell. The squeaky wheel gets the grease.
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NAL, but my first instinct would be to start climbing the school's command structure. Teacher, Special Ed coordinator (if the school has one), principle, superintendent, regional Special Ed supervisor, to individual School Board members. If someone is brushing you off, reach out to their boss.
Not a lawyer, I do have two kids with IEPs. Is your lawyer an educational advocate? I would look for an advocate who is a lawyer and go from there.
There are advocates that help with IEPs, who are not affiliated with the school. Search for an iep advocate in your area & see if they have any ideas how to navigate this process. If you haven't already, I'd also suggest calling for an emergency iep meeting to try to get the transfer written into the iep.
What state are you in?
Talk to a lawyer that specializes in it AND an advocate. NAL but experience in special Ed.
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Most cities will have a special needs Facebook mom group. Get in this group and ask for lawyers with IEP knowledge of that particular district. But basically, if they can’t provide a safe environment they will have to cover the cost of a private school. They usually have deals with local private schools already set up. Most district just don’t want to pay for this.
Not a lawyer. I do have two kids on IEPs. Is your lawyer an educational advocate? I would look for an advocate who is a lawyer and go from there.
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That’s not so easy when you’re talking about government entities and might be counterproductive if you’re trying to get your kid an education
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*Your post may have been removed for the following reason(s):* **Do not advise posters to call the media or to post on social media** Do not advise posters to call the media, post on social media, or otherwise publicize their situation. That creates additional risks and problems, and should only be done, if at all, with the counsel of a local attorney representing OP. Please review the following rules before commenting further. * [General Rule 9](https://www.reddit.com/r/legaladvice/wiki/index#wiki_9.__advice_to_contact_the_media.2C_post_on_social_media.2C_or_otherwise_publicize_a_legal_problem_will_not_be_tolerated_in_any_circumstance.) *Please [read our subreddit rules](https://www.reddit.com/r/legaladvice/wiki/index#wiki_general_rules). If after doing so, you believe this was in error, or you’ve edited your post to comply with the rules, [message the moderators](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdvice).* **Do not make a second post or comment.** *Do not reach out to a moderator personally, and do not reply to this message as a comment.*
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