My question involves education law in the State of: Washington.
My son is a special needs student on a iep in the 8th grade..He attends a very small public school and gets pulled out for core classes such as math, English etc but attends band which is a required class, with the other students in his grade. My son plays the drum and he does quite well! He can keep beat with the other students and is doing well in learning. I have had some concerns regarding the band instructor over last school year and now this current one which I believe he has been discriminating against my son and another special education student in his class. I purchased a snare drum for my son to play last year and was delighted when I learned that he was going to perform in a upcoming city parade..I however soon learned that altho my son had been practicing this piece with the other students the teacher had said that he couldn't perform playing his drum that he'd have to play a shake rattle instead and when asked why the teacher stated they didn't have enough marching drum straps to go around so the two special needs students couldn't play on their instruments! I went to town and purchased a strap so that my son could play his drum and the teacher ended up reluctantly letting him but the other student didn't get to.* This current year the teacher has sent home work that was handed out for him to do by himself, not modified and I've had to address concerns in not following his iep ...I have talked to my son's special education teacher and she has also made sure he has a copy.. The teacher has specified that 15 min of practice time needs to be logged in the students planner every week..so my son has deligently been practicing every night..I have marked in his planner my signature. My son had a band trip where all students from surrounding schools came and practiced music and had a concert open to the community* afterwards. ..The band teacher did not let my son play when he'd been practicing along side his peers in class everyday..leaving my son upset and disappointed but I just let that time go..He came home the night of his winter concert saying he wouldn't* get to play his drum in the band!* I told him to take it anyways and I had him set it up in the performance area..I then went to talk to the teacher regarding why my son couldn't play and I was told that I hadn't been logging his practice time in his planner. I stated yes I Had and he said that he asked in class every Friday whether their planner was signed and each week my son hadnt gone up to say he had it signed. my son as part of his disability has comprehension difficulties and the teachers are supposed to give him specific modeling to make sure he understands what's being presented. The teacher stated that since he did not see the folders signed he couldn't participate and that the other students would not think it fair if he got to play..even though he had been practicing just like his peers and I had been signing the planner. :( He did not get to play his drum that night. I wrote a follow-up email the next day and had a one on one talk with him stating how my son is special needs and that his iep needed to be followed and that it was imperative that he go over instructions and make sure my son understands the teachers instructions!* If the teacher had just looked at my son's planner he would have seen the signed pages. I sent him a picture of every signed page as well. He kept to his side and stated that my son was in 8th grade and that he should be able to follow directions..I went to talk with the school principal regarding my son not getting to play and he said that he would look into it!* it just breaks my heart that the other special needs student has not been allowed to participate either and she wasn't able to perform with her class..If I told the school i was seeking legal counsel..would this be a good case for discrimination?**
My son is a special needs student on a iep in the 8th grade..He attends a very small public school and gets pulled out for core classes such as math, English etc but attends band which is a required class, with the other students in his grade. My son plays the drum and he does quite well! He can keep beat with the other students and is doing well in learning. I have had some concerns regarding the band instructor over last school year and now this current one which I believe he has been discriminating against my son and another special education student in his class. I purchased a snare drum for my son to play last year and was delighted when I learned that he was going to perform in a upcoming city parade..I however soon learned that altho my son had been practicing this piece with the other students the teacher had said that he couldn't perform playing his drum that he'd have to play a shake rattle instead and when asked why the teacher stated they didn't have enough marching drum straps to go around so the two special needs students couldn't play on their instruments! I went to town and purchased a strap so that my son could play his drum and the teacher ended up reluctantly letting him but the other student didn't get to.* This current year the teacher has sent home work that was handed out for him to do by himself, not modified and I've had to address concerns in not following his iep ...I have talked to my son's special education teacher and she has also made sure he has a copy.. The teacher has specified that 15 min of practice time needs to be logged in the students planner every week..so my son has deligently been practicing every night..I have marked in his planner my signature. My son had a band trip where all students from surrounding schools came and practiced music and had a concert open to the community* afterwards. ..The band teacher did not let my son play when he'd been practicing along side his peers in class everyday..leaving my son upset and disappointed but I just let that time go..He came home the night of his winter concert saying he wouldn't* get to play his drum in the band!* I told him to take it anyways and I had him set it up in the performance area..I then went to talk to the teacher regarding why my son couldn't play and I was told that I hadn't been logging his practice time in his planner. I stated yes I Had and he said that he asked in class every Friday whether their planner was signed and each week my son hadnt gone up to say he had it signed. my son as part of his disability has comprehension difficulties and the teachers are supposed to give him specific modeling to make sure he understands what's being presented. The teacher stated that since he did not see the folders signed he couldn't participate and that the other students would not think it fair if he got to play..even though he had been practicing just like his peers and I had been signing the planner. :( He did not get to play his drum that night. I wrote a follow-up email the next day and had a one on one talk with him stating how my son is special needs and that his iep needed to be followed and that it was imperative that he go over instructions and make sure my son understands the teachers instructions!* If the teacher had just looked at my son's planner he would have seen the signed pages. I sent him a picture of every signed page as well. He kept to his side and stated that my son was in 8th grade and that he should be able to follow directions..I went to talk with the school principal regarding my son not getting to play and he said that he would look into it!* it just breaks my heart that the other special needs student has not been allowed to participate either and she wasn't able to perform with her class..If I told the school i was seeking legal counsel..would this be a good case for discrimination?**
Special Needs and Accommodation: Band Teacher and Discrimination
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