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September 14, 2007

A mother's angst

Kim Solomon, a Baltimore County second-grade teacher and Brandon Solomon's mom, emailed me recently to tell me about the trouble she has experienced trying to get Brandon the special-education services he needs.

After months of trying to get appropriate services for Brandon --- who is now a 7th grader and who has a rare genetic disorder that has rendered him clinically blind --- Kim says that school officials suggested she take Brandon somewhere else to be educated. Frustrated and not wanting to lose any more time in Brandon's education, she has enrolled him at the Maryland School for the Blind, at the expense of the Baltimore County school system.

Brandon has a disorder --- methylmalonic acidemia, or cobalamin C-defect --- that makes it impossible for his body to process and metabolize proteins. Though the disorder is incurable, it is treatable and manageable. Kim also says that while Brandon is developmentally delayed, he is not severely mentally retarded. She said his reading and math skills are roughly that of a 4th grader --- in part, she says, because of months of attending Parkville Middle School without the large-print books and similar accommodations that he needed to compensate for his low vision.

Kim says that as a teacher, she knows the legal --- and moral --- obligation that teachers have to educate ALL students, not just those who are easier to teach than others.

Kim and I spoke recently about her struggle. She has sought help from the Maryland Coalition for Inclusive Education, which she said has told her she has a solid case against the school system, but they can only help her if she chooses to send Brandon back to a public school --- something she says she can't bring herself to do just now.

Read on to find out why Kim says she had no choice but to remove Brandon from the public school system ...

Kim agreed to let me share her correspondence on this blog in the hopes that others who are experiencing the same difficulty might want to band together. Here is the letter that Kim and her husband, Charles, wrote just before the end of the 2006-2007 school year:

My son is a 6th grade student at Parkville Middle School, in Baltimore County. He started this school year with some excitement and some trepidation. My son is a special needs child. He has Cobalamin C Defect (a very rare genetic disorder) and is visually impaired. He has an IEP - Individualized Education Program.

Almost immediately, the harassment and bullying from other students began. This includes, but is not limited to, incessant name calling, knocking his books out of his hands, kicking his books, throwing food at him in the cafeteria, hiding a soda can tab in a soft pretzel and then watching him eat it, pushing and shoving him around. I could go on and on. Is this not harassment and bullying? Is this a safe environment that is conducive to learning? Is it unreasonable to expect the school to provide a safe environment where all the students can learn to the best of their ability?

Constant contact has been made with the teachers and administrators at the school throughout the entire year. The problems don't go away. They just continue day after day after day. Parkville Middle School, what are you doing to make this situation any better? After numerous phone calls, e-mails and visits, I still can't figure that out.

The issues unfortunately aren't limited to the student body. My son has pumped up a teacher's tire while the rest of his class participated in the actual class. He has also been told to sit and watch a University of Maryland basketball game with the teacher (and be quiet so the teacher could hear the game as well), while the rest of the class participated in the actual class. Does this constitute the proper education my son should be receiving at Parkville Middle? A teacher's assistant has questioned my son's visual impairment by telling him she thinks he is making up his visual deficiencies and lying to the teachers. When he told a teacher once that he couldn't see the material, he was told by the teacher "I suggest you get your eyes fixed then". So much for taking the extra steps necessary (as required by the IEP and by law) to accommodate for my son's disability.

Is this for real? Unfortunately in this Baltimore County Public School, yes it is.

Posted by Gina Davis at 11:45 AM | | Comments (4)
Categories: Baltimore County, SpecialEd
        

Comments

As I write this my hands are shaking. I am the aunt of Brandon. I have witnessed the battle this young strong boy has gone through while trying to attend the Baltimore County School district. I have written almost any person within the district and received only one phone call from someone saying they weren't responsible but would pass on our many concerns. That was in June and of course nothing has been heard. Maryland has one of the highest tax bases in the country and yet one of the poorest school systems. For me I believe this starts at the top with administration and just filters down to the principals in the schools. The principal at my nephew's school was rewarded for his inability to stop bullying and supervised poor teachers by being promoted to the High School. If he can't control bullying in 6th grade students, my real concern is the safety of students at the 12th grade level. There are a lot of great teachers in Baltimore County that are being hampered by this inept management. I witnessed the true lack of caring about students. I can only say that the people I contacted obviously don't care what happens in the school system. Brandon could have died if he had swallowed the pop tab that was placed in his pretzel. The principal DID NOTHING. Every parent who has a child in this school system needs to unite and demand that we hold these administrators accountable for the lack of safety and education our students are receiving.

When it comes to special education, the more I see coming out of Baltimore County, the more I wonder why it's the CITY that's under the Consent Decree.

However, let me note that you don't really "know" for a fact that no action was taken; disciplinary action on any student is a confidential matter and the best anyone is going to tell you is a generic "it's being addressed".

I don't know that MCIE is specifically correct in their analysis, but then again I don't have all the details. There have been a few times, however, where a student who is already in a nonpublic school by parental placement gets an IEP from the district that calls for a nonpublic setting. Your child may not get specifically the same school, but it can be done. Good luck!

When our son received non-public placement for special education, our paid advocate told us that the state of Maryland, and not the county where the child resides, is financially responsible for the costs incurred.

The parents don't state in their letter whether the teacher and the teacher's aid are regular ed. or special ed. staff. I've heard many stories of regular ed. staffers failing to comply with IEP's. Apparently, they think it's optional - rather than a violation of federal law. Whether teachers can be personally held liable for not complying with IEP's, I don't know. But wouldn't it be nice to be able to stick it to them for being such bastards? Hefty fines that can be levied for each such incident of dereliction of duty?

One out of 5 Americans has a disability, according to the Justice Department. It's amazing to me that so many people act like they don't have any empathy for people with disabilities, when statistically, they know a bunch of people with disabilities already!

Also, there are other resources out there for anyone who wants to take on their school system. Maryland Disability Law Center is one. Check out www.wrightslaw.com for special education advocates and attorneys on their Yellow Pages Directory which lists resources by state. The Developmental Disabilities Administration is another resource that can send advocates for students to the IEP meetings. But you need to apply to DDA to get your child on their list (an approximately 6 to 8 week process.) You must submit medical and school files and have a home visit from a service coordinator.

I suspect Baltimore County school officials probably realized that Kim had a pretty solid case against them and that BCPS would probably lose in any mediation or court hearing, so they agreed to non-public placement. In other words, they didn't do this out of the goodness of their hearts.


I am hoping that someone can help me. I have an 11 year old son in 6th grade at Holabird Middle school, he has ADHD and more recently a traumatic brain injury, he does have an IEP ( that is not being followed ). SO what is next, what can I do to hold BCPS responsible for their actions. My son is currently failing 4 subjects- and nothing is being done to help. I feel that if they were to follow the IEP that it would be a success, but right now my son is frustrated ( rightfully ) and I am at my witts end.

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