Gifted Issues Discussion homepage Forums Twice Exceptional IEP violations re: writing - how to re-draft?

DS9 is dysgraphic and has an IEP that includes a handwriting restriction. He is to write by hand no more than one sentence and it is up to him whether to write even that one sentence, or to type or have scribed the entirety of his work. We put a specific restriction in the IEP along with the accommodations because of past compliance problems. This year one of DS's teachers has been routinely violating the writing restriction and over-ruling DS when he objects (with threats of keeping him in during recess if he doesn't write!). We have protested, with increasing vehemence, all the way up the food chain and gotten assurances at every level that the IEP will be followed, to no avail in the classroom.

Yesterday saw another violation/threat and I am officially apoplectic. DS knows what his IEP says and is demanding I "do something". Having exhausted the food chain, I am left thinking my only option for 'doing something' may be to take handwriting off the table entirely. No pencils for DS, thanks very much. Or do I remove handwriting for just this teacher (who deserves to be singled out, but the others have had similar moments, just without the threats)? Or carve out very specific exceptions like spelling words and numbers in math, still to a small maximum amount?

The original prohibition on any writing was on the orders of DS's pediatrician. We only gave a smidge of flexibility to be "reasonable". No good deed goes unpunished at this school. The medical advice hasn't changed, so there's theoretically no bar to imposing a total writing ban.

I'd love some suggestions/thoughts. Thanks.

Wow. When you say, "all the way up the food chain," how high do you mean? Principal? Superintendent of schools? Congressman?

Would it be practical to keep him home until the school complies?

You haven't actually exhausted the food chain...if you really wanted to, you could actually sue the teacher for not implementing his documented accommodations. She is personally liable.

A little less extreme, but you could also file a complaint with the state DOE. As you've already spoken to channels, it makes sense to give them a heads-up that you are concerned enough to make a formal complaint, to the DOE/BSE, and to OCR.

Without leaving the district level, you may also request an immediate reconvene of the IEP team. I don't know how far up "all the way up the food chain" is, but if you do go the reconvene route, make sure to invite a district level special ed administrator.

I should have clarified that we're in a private school, so the food chain only gets me to the principal/head of school (at least in my jurisdiction). There are an astonishing number of people on that chain, given its narrow ambit. Since I am a mere consumer, my only real remedy is to leave if they won't comply. Which I'm working on, but I've still got half a year to navigate.

And I suspect they would be ecstatic if I kept him home, so they could ignore both of us in peace!

Can he not be assigned a different teacher?

being as you're at a private school, I'd say money talks. Withhold donations etc until they comply, refuse to cooperate with positive reviews of the school etc and as aeh threaten to sue.

End of the day you can always vote with your money and leave. Is there another school in your district that would be suitable?

The private school is not required to give him an IEP, but if they gave him one anyway, I think they may still have to follow it. Look on wrightslaw.com and see what you find for private schools and IEPs.

Appalling.
Threaten that you are seeking legal counsel to the highest level person you can speak with.
Some people who happen to also be teachers will always believe IEP mandates are B.S. and refuse to comply. It's disgusting.
And yes I would just elminate the pencil completely, no use in being "reasonable". You have nothing to justify to anyone and do not need compromise by having him write sometimes.
Best wishes, you have our disgust on this backing you up.

Thanks, everyone. He's in a specialized class with specialist teachers (which makes this even worse), leaving no alternative teacher options. We've found a far better school for next year, but need a way to survive the rest of this one.

I've been looking at the legal angle and there seem to be avenues I can threaten to pursue. I should probably accept that the teacher will only be stopped by an absolute writing prohibition and go that route.

I can't wait to escape this school!