Civil Rights for Disabled Children Schools, Courts

Whoopi Goldberg mentioned her support of this children's mental health center, Child Mind Institute. It looks like a very helpful, informative website, including a "symptom checker" which assists parents in guiding towards possible reasons for behaviors. I am excited to find this resource and plan to dedicate a stand alone page to ASD (Autism Spectrum Disorders) information. I hope this is helpful.

Here is our story:

I'm writing this in hope of finding someone else who has successfully dealt with school harassment or has a strategy for dealing with it. If nothing else, I want to inform others of what is happening here in Sierra County, Truth or Consequences School District.

In March of this year, 2010, my 11yo dd was in 5th grade. She returned to school in February after 1 year + of no regular education and 51 weeks in an RTC in ABQ, New Mexico called Desert Hills. (Her stay there was not my choice) After 3 months at home her neuro-psychologist released her to return to school full time, not gradually; I asked about a sudden, full-time return being to much but this was dismissed by psychologist. Order that she would be reintegrated through BS Social Worker contact with counseling center counselor did not occur, at all.

I asked the diagnostician several times, including the week before she returned to school if she should have an IEP, informing her of where she had been and how long she was out of school. I did not know it was important to do this in writing. I've discovered IEP team members conveniently forget information important to my dd's education and well-being.

The neuro-psych did a battery of 14 tests the first week of January but did not give me results before she returned to school. Every week I asked when I brought her in for counseling or an apt with him directly. He repeatedly said he did not have them, the counselor was express concern but never had an answer either. Finally his answered changed to, 'well, it's not accurate anyway because she was so medicated when she came home anyway'.

After a week of dd chasing a boy on the playground every recess with no intervention by the playground 'supervisors', this boys friends were going to beat up my dd, on the playground. Luckily some boys from her class saw this and intervened. This was on a Friday. Monday she was called to the office for chasing this boy. After this dean began speaking in long, lecturing, demanding paragraphs my dd freaked out. She began cursing her, telling her she was not smart, etc. DD hung up the phone when dean called me. Dean grabbed her arm, hand and wrist, across her desk, several times to get her to release the phone. Dd responded aggressively to get away from her. These people did not have the sense to leave her alone. Instead the kept approaching her. The end result was my 11yo dd having a broken wrist - growth place stress fracture - from handcuffs by the police 'school liason'.

She is on house arrest for 7 charges of battery on school personnel. Neuro-psych dr. decided to read her results and told me 8 days after event she has cognitive deficits, nld, bp-nos.

For her safety, no choice but to do home-bound schooling the rest of the school year. One month into 6th grade following new, rushed, IEP, she is placed in a study hall against my wishes, taken out of her fav class, substitute yells at her and makes fun of her to other students. He refuses to let her call home. She runs away from the class room to office, calling me without permission. She has bruise marks clearly from this man's fingers where he grabbed her forearm while tearing the phone out of her hand. Ethics charges against man referred by school. I fill them out but meantime dealing with traumatized dd so took me a while.

Now new charges of battery against 2 school employees. House arrest again. New IEP has narrative of event with no mention of her laying hands on anyone, in direct contradiction of police/DA charges.

Judge and DA are yelling at me in court. Reading charges with info denied by mid school dean. She has been found incompetent by Forensic Psych for our district per state judicial system. Not good enough for DA or judge. They want a new forensic report, so she will be subjected to this again. More trauma.

I was yelled at, intimated by school district spec ed director, 'she is only one child out of 300'. I am looking for trouble when I come into these meetings, etc. etc. Meantime my dd has to return to this school and I am scared to death for her safety and for losing custody of her. This is DA's goal. Happened once, she was attorney in case, changed jobs and now is DA. new court so this is legal somehow. She has mentioned the previous CPS involvement in court when dd's attorney was not present during preliminary.

Today, 11-30-2010 during another preliminary hearing I was accused of contempt of court for taking dd to emergent care facility without notifying JPPO first. Violating House Arrest terms. Also accused of taking dd out of school resulting in 19 unexcused absences. However I have proof through IEP these dates were purged due to confusion about 10 day suspension. Also accused of violating terms as per homeschooling vs. attending public school. JPPO discussed this and I have a tape recording of conversion during initial house arrest meeting.

This also results in potential Truancy charges.

Also accused of druggind dd prior to forensic psych testing for competency. Therefore dd will be placed in foster care for 24 hours before another competency test and taken to test by JPPO to ensure drugging does not take place. This is ridiculous and there is no basis. Attorney agreed and we have nothing to hide. DA is fishing for the answer she wants.

I have nowhere to turn, no help. DD's attorney does not argue for us. Goes along with them. I am scared and worried for dd's safety. All I know to do at this point is tell everyone I can about this. This is not my hometown and people here are against 'outsiders'. She will be 12 next month, which allows her to be put in juv detention where she would be deathly afraid.

Civil rights violations all over these charges and judicial misconduct. Attorney acting as executive creating "laws" for her intent and judge does not issue opinion other than agreeing with all requests.

Thank you for reading. Please contact with information that may help our family to be relieved of this harassment.