Legal Question in Disability Law in California

My son is disabled. He has ADHD, FAS, bipolar, depression, severe anxiety, insomnia, PTSD. He takes 5 different psych medications. He is habitually late for school. I have been to SARB several times. We have had TBS services. This did not help the issue. I have now receiveded a notice stating that we have been referrred to the District Attorney's Office SLO County Truancy Board. I have great difficulty in the mornings getting him ready and off to school. It is a constant fight. He has insomnia, therefore, he takes medication to help him sleep and he is exausted and incoherent. I would like to know if I have any legal right in this matter. I am also a disabled person and a single mom. I have two boys that are special needs. Please advise.

Sincerely, P. Miller


Asked on 11/08/10, 2:13 pm

1 Answer from Attorneys

You need to set up a Behavioral Intervention Plan (BIP) as part of your son's IEP at school. If there is a BIP to handle his lateness for school, then it should become more the school's problem and less your problem. I bet when you ask for the BIP (in writing), your school will stand up and take note.

Ask the school in writing, "Please schedule an IEP for the purpose of setting up a Behavioral Intervention Plan for my son's being habitually late for school due to his disabilities, i.e., his ADHD, FAS, bipolar, depression, severe anxiety, insomnia, and PTSD."

I had two such disabled sons as a foster parent. When school becomes so depressing and too horrible to attend due to disabilities, and they way they are treated by teachers and peers, that is how the kids tend to react. They do not like to attend. Sometimes, these children need a better school placement, which I was able to find with at least one of my children. That placement was a private school where my child was nurtured and the other children were closely monitored to make sure that they did not abuse each other with a low student to staff ratio. In the public schools, too often our disabled children are left to fend for themselves in the locker rooms and the common grounds without sufficient staff supervision. If you can get a private school placement, then you may qualify for such a school. They do not exist in the public sector, or at least, I am unaware of such public schools.

Contact your local bar association and see if they have volunteer lawyers who can attend an IEP with you in order to get your son the BIP (help) he needs.

Good luck and feel free to contact me at 619-991-0548.

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Answered on 11/23/10, 2:37 pm


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