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Is this educational neglect?

So, reading here, I found this: "Refusal to allow or failure to obtain recommended remedial educational services, or neglect in obtaining or following through with treatment for a child's diagnosed learning disorder or other special education need without reasonable cause." (it's about halfway down the page under educational neglect)... So, DH asked me if what BM was doing would be considered educational neglect... Here's the backstory:
-2007-2008- SD did not pass Kindergarten

-2008-2009- SDrepeated Kindergarten

-November 2008- DH asked BM to allow him to get SD tested for LD and ADHD. BM denied it, stating "Stepdaughter can't have a learning disability." then went on to say she'd notice

-July 2009- DH had a recommendation from a doctor here saying SD should get tested for LD and ADHD. DH forwarded a copy of the report and again asked. BM again denied it, saying "I see no need for the testing".

-September 2009, DH filed with the Courts to force BM to get SD tested. The judge ordered BM to follow any recommendations from her primary care doc (not who we saw).

-October 2009-SD had an appt with primary care doc to speak about ADHD and got Connor's Forms.

-November 2009-SD's primary care doctor recommended testing.

-May 2010-BM still hadn't set the appt. DH wrote to her atty saying if she can't set the appt, he'd be happy to set the appt for MIL's COed time. The day after the atty received the letter, BM emailed saying that the hospital called and set the appt.

-September 2010- SD was tested FINALLY. DH offered tutoring to help SD.

-October 2010- SD was diagnosed with ADHD combined type. Results came in October 31. BM gave them to DH the first week of Nov.

-November 2010-DH asked BM to allow him to request an evaluation for an IEP. BM ignored his request by simply saying "I know what an IEP is" (DH asked if he could request the eval, and told her what he thought could help SD...)

-December 2010-DH found out from the teacher that the teacher had SD getting accomodations. He asked BM why didn't tell him, and she DIDN'T know SD was getting them. DH started emailing the Special Education director to find out what was going on with SD.

-January 2011-Special Education director said the next team meeting, where they would discuss SD, is this Thursday. She said if DH emailed her saying he wanted an IEP, they would just skip the meeting. DH told the Director that he would love that, but that legally he isn't able to make that decision without BM's approval per CO. DH and the Special Education Director both emailed BM asking to allow it. BM hasn't responded. Also, SD is so far behind in school that the teacher believes SD will fail if things don't VASTLY improve-BM knows this, and has known this since Oct. And she is still not allowing DH to get SD help. DH also offered tutoring (again).

Anyway, so based on her putting off the testing after being recommended (after a year of being asked to allow it), and then wouldn't allow a request for an IEP, and the teacher and DH having to push for it, and BM knowing SD is doing poorly--would that be considered educational neglect?

Answer Question

Asked by Anonymous at 12:02 AM on Jan. 13, 2011 in School-Age Kids (5-8)

Answers (19)
  • Huh?

    Answer by Roadfamily6now at 12:03 AM on Jan. 13, 2011

  • BM-bio mom, SD-stepdaughter, CO-Court Order. BM wouldn't let DH get SD help for learning disabilities, and he wants to know if the situation could be considered educational neglect.

    Comment by Anonymous (original poster) at 12:05 AM on Jan. 13, 2011

  • Way too many abbreviations and clusters. I can't even read that.

    Answer by Razelda at 12:08 AM on Jan. 13, 2011

  • I recommend voicing your concerns to the educators, and their potential liability under No Child Left Behind. If that doesn't work, take it to the court and ask for a revision to the parenting plan so that he does have the power and authority to request proper evaluation.


    Answer by Busimommi at 12:10 AM on Jan. 13, 2011

  • LOL. English is my second language....elaborate!

    Answer by khf22 at 12:12 AM on Jan. 13, 2011

  • Too complicated, brain can't comprehend all of that sorry :(

    Answer by Kathy675 at 12:12 AM on Jan. 13, 2011

  • Basically, my DH's ex wife refused to allow him to have my stepdaughter tested for ADHD for a year until he got it Court Ordered. Then she put off testing. And now she won't let him request the school to evaluate her for an Individualized Education Plan, even though the teacher and Special Education director want it. My stepdaughter had to repeat Kindergarten, almost failed 1st, and now is on the path to failing 2nd, and my DH's ex still won't let him do it. I just elaborated on the details in case there were going to be any questions about the timeline.

    Comment by Anonymous (original poster) at 12:16 AM on Jan. 13, 2011

  • I would have to say yes. We have relatives with a similar situation. I can't understand parents not wanting to give their children the best start possible! Tell your dh to keep pushing, this child needs help!

    Answer by Austinsmom35 at 12:32 AM on Jan. 13, 2011

  • Thanks AustinsMom. He is definitely going to keep pushing through. He is military and we are in Japan right now, so it's hard to get her help from here. But he is trying to get stationed in SD's city, so we have our fingers crossed, because she most definitely needs help!

    Comment by Anonymous (original poster) at 12:33 AM on Jan. 13, 2011

  • Is there any way to follow up with the courts, since the testing, etc was court ordered? She's in contempt if she's not taking CO action, right?

    I hope you're able to be back in the states soon - poor little girl - sounds like mom might need testing of her own!

    Answer by AAAMama at 12:47 AM on Jan. 13, 2011

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