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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:05 AM
Original message
My son was removed from his class, taken to another...
Edited on Tue Nov-09-04 01:07 AM by jchild
building across campus, and forced to undergo psychological testing at his public school without my consent. This happened two weeks ago. I just found out today, when he mentioned it. I was not notified beforehand (as, from what I gather, federal law mandates) and I haven't received any results or even an acknowlegement that he was tested. Not from his teachers, his principal--no one. At first, I thought it must just be an auditory and vision screening. However, after doing some internet research, I find that he was given a psychological test, too--he identified the test from a picture on the internet. The two former tests are used with the latter to diagnose learning disabilities--AND I was cut out from this process!?

Does anyone know what my rights are? I am about to explode, and I don't know how to handle it. As always I appreciate your advice.

Edit to add: In the entire fourth grade, he had the highest test scores on his aptitude test that was given at the end of last school year.
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:06 AM
Response to Original message
1. Just what in the fuck was that
God I feel bad for your son, a good kid being treated like crap.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:08 AM
Response to Reply #1
4. I am so angry right now...
after I found the exact test they gave him, and he confirmed that it was indeed the test, I want to talk to someone NOW.

Have to wait until tomorrow morning, though. :grr:
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:10 AM
Response to Reply #4
7. Can I see that test?
The school intially was trying to talk me out of doing the internship because of my introvertness that really upset me.
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 09:16 AM
Response to Reply #4
51. No I.Q. test should have been taken without your consent.
However, one of the determinations these days on whether a child can benefit from a school's remedial or gifted program is the I.Q. test. To get into either, he has to have a high I.Q.
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Tweed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:07 AM
Response to Original message
2. What state? and is this a public school?
Laws vary from place to place.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:09 AM
Response to Reply #2
5. Federal laws mandate that the parents must be informed...
prior to testing of the school's intent to do so.

Ultra conservative public school in Mississippi. This is just the latest torment in a long line that we have suffered, because we aren't status-quo conservative Baptist Mississippians.
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auntAgonist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:08 AM
Response to Original message
3. I may be way wrong
but could you call the ACLU? I'm new to the country, short of getting a lawyer I guess I don't know what I'd do. I don't think what they did was legal. I'm sure it's not legal in Ontario.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:10 AM
Response to Reply #3
6. Actually, I know the state director of the Miss. ACLU
and I have met her several times. Thanks for that suggestion.
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:11 AM
Response to Reply #6
9. thats good that you know her
I am considering joining and definely a good idea to check up with them.
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:11 AM
Response to Reply #3
10. If special education administered this, you have a ton of rights
most of them federal. go and find out what happened, take notes. Then ask for the booklet regarding testing, psychological and otherwise. They are REQUIRED to have your written consent. Without it, you have a lawsuit. Go to the phone book and find out the name and number of your state's special education law center. We have one here in Alaska. Make an appointment. THey can be sued for this. Good luck.
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alittlelark Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:12 AM
Response to Reply #3
12. You moved from Canada to HERE!!!!
Wow.
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auntAgonist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:17 AM
Response to Reply #12
21. LOL yup!
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alittlelark Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:21 AM
Response to Reply #21
27. Is your house still for sale???
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auntAgonist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 12:17 PM
Response to Reply #27
53. heck no!
We're not going anywhere.
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BelleCarolinaPeridot Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:10 AM
Response to Original message
8. That is very illegal .
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LDS Jock Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:12 AM
Response to Original message
11. is this the same child the teacher harassed over politics?
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=105x1958307

You must be ready to go postal by now. It is just outrageous. :grouphug:
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:13 AM
Response to Reply #11
15. YES
Exact same child. Wonder if this is the punishment my son gets for speaking his mind in a discussion class.

He also wore a Kerry-Edwards tee to school shortly before this testing was done. Wonder if it's related.

I'm so furious I am about to lose it.
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:14 AM
Response to Reply #15
16. I wouldnt be surprised
Kudos to him for speaking out in class, another kid of a DUer who was more smarter than I was at the same age.
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auntAgonist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:20 AM
Response to Reply #15
25. I remember that post
and remember making the assumption that you were the childs mother :)
Hang in there Dad! Keep it cool and don't give them ANY reason to try to exclude you from ANYTHING!!!


I fought for a few of my foster children in Ontario re ritalin stuff and ADD diagnosis. You've got a fight ahead of you by the sounds of it. You CAN do it :)


:hug:
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:22 AM
Response to Reply #25
29. Oh, no, I am the mom.
Divorced mom raising a son alone. A pariah in this bastion of conservatism.
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auntAgonist Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 12:16 PM
Response to Reply #29
52. argh and I'm confused
But no matter!! You hang in there! Please let us know what happens !!!
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:13 AM
Response to Original message
13. more: they will lie to you and try and fob you off. Demand a booklet
of the rights of parents and children regarding special education, which this falls under. Take it with you to a professional. Then sue their butts off. They violated every provision there is. They are not allowed to do this without WRITTEN consent. They will lie. Tell them you will kick their ass. You have a right to be mad.

RV, a teacher for 27 years.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:15 AM
Response to Reply #13
18. I definitely will follow your advice.
Do you have any specific questions or statements I should ask/make?

Thank you so much for being here tonight! :hug:
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roguevalley Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:29 AM
Response to Reply #18
34. ask for them to put into writing the exact reasons for doing this,
why they felt it was necessary and give you a list of everyone that was involved. Then ask then for specifics about why they did this, why they felt he was testable, why they didn't call. Basic stuff. Write it down. Don't let them tell you that you didn't have to sign. If they tell you that, tell them that you have already inquired and know the law. You are just giving them a chance to explain themselves. Don't let them push you around. They are getting even, honey. Big, big hugs to both of you from way the hell up here. Message me if you want to talk about what they tell you.

Hugs,

RV.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:33 AM
Response to Reply #34
36. I will do everything you said.
I will take a list of questions with me tomorrow. Thanks for all of your wonderful advice.

Hugs back.

jc
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donheld Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:44 AM
Response to Reply #18
39. ACLU is the best place to go
Do not let this be. It will go on if you don't get some help.
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Tweed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:13 AM
Response to Original message
14. Contact Jim Hood, your Attorney General, He's a DEM!
http://www.ago.state.ms.us/

Not sure if this is the best place to go, but I suggest it.
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vinnievin777 Donating Member (735 posts) Send PM | Profile | Ignore Tue Nov-09-04 01:18 AM
Response to Reply #14
22. It definately is the best place to go
Not only cause he is a Democrat but it is his job.I would also get a lawyer.

Vinnie Vin
http://www.vinnievin.com
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:19 AM
Response to Reply #14
24. I know him, too, because of my involvement in state politics.
I will print out this thread after I get all of your advice.

Should I confront the school administrator tomorrow? My previous couple of interactions with him have resulted in nothing from him.

Total inaction. He just ignores me. I'm just a stupid divorced mom to him.
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Tweed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:22 AM
Response to Reply #24
30. Well it seems like you are pretty connected
I would contact the ACLU and Hood's office tomorrow and see what advice they can give you. They are the experts. It may be good to threaten the principal and say that the ACLU and the Attorney General will be knocking on your door or it might be best just to have them serve an injunction and catch the school with their pants down so to speak.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:25 AM
Response to Reply #30
32. But I have always tried to deal with the school problem alone...
because I knew if I pulled in advocates for myself and my child, it would result in massive publicity in this small town, and my son would be ostracized. I can handle it...I have healthy, mature self-esteem.

He, on the other hand, is a ten-year-old child.

I guess I have been backed into a corner, now, though.
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Tweed Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:31 AM
Response to Reply #32
35. Well then I would consult your friends tomorrow, learn your stuff
Edited on Tue Nov-09-04 01:31 AM by Tweedtheatre
and simply go and talk to the principal after you have everything together. Sit him/her down and say, "Look, I know my rights, I've contacted the ACLU and the Attorney General and you are in complete violation of state and federal law. If you don't want to turn this place into a circus I suggest you stop doing what you are doing and leave my son alone."
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:36 AM
Response to Reply #35
38. I think I am past the point.
I think I will call Nsombi and Jim tomorrow, and then I will go see a lawyer.

Thank you for your advice. :hug:
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Nite Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:14 AM
Response to Original message
17. So sorry to hear what you and your son
have been put through. How is he feeling now after the pneumonia?

I would call the ACLU and ask them what to do. If they can't help they can at least steer you in the right direction. Maybe call a psychologist to find out for sure what the test was and it applies to the rule.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:16 AM
Response to Reply #17
19. He went back to school his first day today.
And when he came in from school, he told me, "Hey mom, I forgot to tell you...."

And so it began.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:17 AM
Response to Reply #17
20. I have read every resource on the internet I could find over...
the past two hours, including some journal articles available on Lexus Nexus. It is a neuropsychological test. No doubt about it. All articles agree.
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:18 AM
Response to Reply #20
23. pardon my ignorance but what is a neuropsychological test?
I cant believe they did this btw, poor kid doesnt deserve this crap.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:21 AM
Response to Reply #23
26. Can test for everything from ADHD to dyslexia...
even for epilepsy and MS, and other neuropsychological disorders that are described in the DSM.
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JohnKleeb Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:22 AM
Response to Reply #26
28. and they didnt tell you, god
I really think they're giving him hell because of his political comments, I am so lucky I dont get shitted at by the admin for mine.
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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:51 AM
Response to Reply #26
40. Is Being a Democrat Considered a Neuro Disorder in Mississippi?
Edited on Tue Nov-09-04 02:00 AM by AndyTiedye
Will they try to cure us by chaining us in front of Fauxnews for hours at a time? :scared:

I assume that moving to a more enlightened locale isn't an option.

Edit to add:
> In the entire fourth grade, he had the highest test scores on his aptitude test that was given at the end of last school year.

That would certainly qualify as a disorder in Mississippi.
Note the position of the state on this chart:

http://chrisevans3d.com/files/iq.htm
Now since we know there are a number of intelligent DU'ers
from MS to pull the average up, there must be some really
dumb people there too to pull it down again.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:52 AM
Response to Reply #40
41. Thanks for making me laugh.
I really needed to. :-)
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SummerGrace Donating Member (349 posts) Send PM | Profile | Ignore Tue Nov-09-04 01:24 AM
Response to Original message
31. FAPE Free Appropriate Public Education
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 01:27 AM
Response to Reply #31
33. THANK YOU!
I appreciate this. I will print this page out and take it with me tomorrow.
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SummerGrace Donating Member (349 posts) Send PM | Profile | Ignore Tue Nov-09-04 01:34 AM
Response to Reply #33
37. You're welcome
These are federal laws and there is probably corresponding state law - possibly a director of special education in your school district? In Iowa there are Area Education Agencies that provide services to the schools (ie: consultants, psychologists, speech clinicians etc).
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sasquatch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:09 AM
Response to Original message
42. Perhaps it's you that have the learning problems
You moved from Canada to Mississippi, the political armpit of North America. People usually emigrate from Mississippi not to it, sort of like when Mexican immigrants come here. Maybe the future fascist states of the neo confederacy will try to turn him into a assassin or something like that.
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Dukakis88 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:12 AM
Response to Reply #42
43. LOL! Call Hollywood...
"Maybe the future fascist states of the neo confederacy will try to turn him into a assassin or something like that."

Sounds like the plot of a great, horrible yet-to-be-made Keannu Reeves movie.
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sasquatch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:17 AM
Response to Reply #43
46. I wonder if my liver could take the workload of being a writer
:beer:
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:15 AM
Response to Reply #42
44. Where'd you get the idea that I moved here from Canada?
I'm actually finishing my education so that I can get out of here.
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:17 AM
Response to Reply #42
45. By the way...
did you ever get over all those problems you were having when you first joined DU?

I was sympathetic to you. Thank you for being a complete asshole to me.
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sasquatch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:20 AM
Response to Reply #45
47. I saw it in an earlier post and I thought it was you
Sorry

I'm about to go back to my shrink BTW.
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stopbush Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:29 AM
Response to Original message
48. They fucked up big time, and you've got them by the balls.
Edited on Tue Nov-09-04 02:33 AM by stopbush
I suggest you chop them off. These are lowlife, self-centered assholes. They deserve to lose their jobs when you sue them. If you don't stand up for yourself and your son, these knuckle draggers will be sure to make you pariahs in your own town.

BTW - when my son was in 1st grade, his teacher thought he might have ADD. Why? Because HER son had it, and she projected that onto my son. By 2nd grade, it became received wisdom that something was "wrong" with him, so halfway through the year, my wife and I got dragged into a principal/teacher conference. They wanted to have him observed in class. We said "fine" and gave permission in writing. Weeks later, we're called in again to hear the results: of course, the observer said there was a definite problem. "We'd like you to take your son to our outside RX...she'll run some tests." Fine, We agreed again in writing to do so. The results: your son has ADD. He may need to go on Ritalin.

At that point, I said "I'll get a second opinion, thank you." They looked insulted. I took my son to the Rx in NJ who handled the highest caseload of ADD kids in the state. He spoke with my son for about 5 minutes, asked him some questions, checked his reflexes and had him read a chart of multi-syllabic words. He also asked him if he knew what the words meant.

He then had my son go into a play area so he could talk to me alone: "Your son is in 2nd grade, but he's reading at a 5th grade level. He is perfectly normal, possibly advanced for his age. My diagnosis is that he is most likely bored to death with his teachers who haven't a clue as to what to do with him. I will send them a letter today advising that I will fight any attempts to put your child on medication he doesn't need. I will also see to it that my observations appear in his file as a counter to that which is already in his file. They will need to find another candidate to reach their 3% quota of ADD kids."

Man, was THAT an eye-opener!

Of course, the school insisted that they were right and the 2nd-opinion Rx was wrong. "Your son is falling behind...please take this seriously." They continued that off and on for months...until my son took the standardized state tests at the end of the year and scored in the 97th-percentile (and higher) in every category. Needless to say, they finally backed off, but his next two years at that school I could tell that there was resentment of the position we took as parents. Luckily, the teachers he got in 3rd & 4th grade were great and thought he was one of the top students.

Your situation is different, of course. But I hope you understand that educators can be just as loathsome as human beings as anyone else...like doctors and lawyers...
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Maddy McCall Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 02:36 AM
Response to Reply #48
49. Thanks so much for sharing your story with me.
I see much similar between your son and mine.

I am going to see a lawyer in a neighboring city tomorrow.

Thanks again. I'm short on words right now... :cry:
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-09-04 09:13 AM
Response to Original message
50. They I.D.'d my children very early in pre-school.
My daughter had a reading disability and my son had a speech impediment. To my knowledge, the only thing the school did without my consent, is use my daughter to wheel the little boy with cerebral palsy to the Special learning center. They knew she would eventually take some classes there for her reading disability so they were trying to get her use to the idea. Everything else required my approval.

BTW, they over-classified them as needing remedial help because they were members of a minority group. In that regard, the school was prejudicial in their reasoning. However, I quietly accepted the special assistance knowing that I had the final word on anything they did. The only thing that I did not allow them to do is put my son on ritalin.

Both kids rated high on the I.Q. tests so they were allowed in special classes. I co-operated and helped with the teachers where I could. My son and daughter are now in high school and doing wonderfully. They've overcome or adapted to their special problems. Although my son did go through pre-school and middle school thinking he was retarded because the stigma of the classes. It turns out he was gifted in Math, something that was recognized in middle school. The counselor figured it out in his last year and said he should have been in the gifted programs from the beginning, however, I know my family. We're late bloomers and I knew that he needed extra time to mature. He's doing so wonderfully today it just amazes me.

My daughter, because of the special reading assistance, has wonderful study habits and techniques. She is an over-achiever, but her reading disability will always make school a challenge, but I know her success in college will depend on picking a college with a good support system.
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