This law is a nightmare! My child has Chronic Fatigue Syndrome & was suppossed to be allowed 2 rest breaks per day. Her teacher last year decided that she was "faking" the need for breaks & refused to let her have them even after multiple meetings with the District Special Ed people, principal, special ed teacher & school nurse.
Since she was not being given the breaks she needed there were many days that she was having flare ups & she stayed home because she knew that her needs would not be met by the school. I received letters with a final one indicating that I would be refered to the County Attorney's office if she had one more absence.
I called the school social worker & thanked her for the letter and told her that I was truly looking forward to my day in court because I was looking forward to being able to share with the County Attorney how the school had ignored her rights and the legal requirements placed on them through her IEP.
Miraculously, I never received another letter, even after my daughter missed additional days. This year has been better. The teacher has honored the IEP & the breaks have allowed my daughter to be in school the majority of the time.
Tami Maldonado-Mancebo
Millard Public Schools
Omaha, NE
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