I know as soon as you read this, you are going to think I'm crazy, or lying that is how far fetched it sounds, but it is happening, and it's the truth. I am so desperate right now, I would chase the devil down for help.

I am in desperate need of some help. I have an extremely special needs daughter that is 10. She is still drinking from the bottle, in diapers, lives on Pedia-Sure because she can not eat solid food without getting choked and throwing up, (been trying to get into a feeding clinic for years without any help), has a very low immune system so she can not be around other children or adults that are sick, or it can cost her life.  Many other prolems as well. She is 10 will be 11 next July, and still the size of a 5 year old if that. They listed her as Extremely Mentally Retarded, which I don't agree with, but she is extremely slow and behind. 

Here is my problem though: She gets sick very easy, the school has been made aware of this issue since the very beginning. My child has been put on homebound instruction since 2009-2010 school year. I tried to home-school her but they refused me the resources that I needed to do it, so they took the home-school rights from me. Of course there was no way I was going to be able to keep her up to date with any curriculum, they knew that too. She is not at any one grade level. Some things she is at maybe 2 or 3 others, there are no grade levels for.  They sent me a letter stating that I could no longer home-school her, because I was honest and said the areas she needed help in, and the resources she needed. They only had the resources for them, and not enough to give me any. (Physical, Occupational, Speech, etc.)

I had found a Child Advocate online for advice, and she told me about Homebound Instruction. I got all the paperwork needed to get this into play. Her pediatrician stated Felicia could not go to school and the reasons why. They were suppose to come to my home to instruct her, but still didn't want to send PT, OT or Speech. They wanted us to meet them. So the first year of homebound instruction, they never came out at all. At the end of the year, they wanted me to sign a home-school assessment paper saying I home-schooled her for the year, after being denied the right, and because my Mom is a Certified Teacher, they wanted her to approve it. Of course, we right down refused. I hadn't realized just how upset I made them.

The second year, we didn't have an IEP meeting until October 2010. I have no idea what I am doing at one of those meetings. When I walked in, there were about 30 of them, and one of me. They were trying to get me to say it was my fault for them not showing up the year before. Said I refused to let them come, which is absolutely not true. For over an hour, it was arguing, more like power struggling, until I finally told them either we decide on what we were going to do from that moment on, or I was going home. They lied about everything. I just couldn't believe it.  I think I messed up when I asked if we could meet somewhere besides my home. I lost my Dad in January of 2010 due to pancreatic cancer, so I now help to take care of my Mom and her medical needs, I home-school my oldest child who by the way is gifted and doing great, and I thought it would be better suited for my daughter to have a more one on one instruction time. They suggested the elementary school after school hours, at first I said no, because she can not be around anyone sick or exposed to any illnesses, but they promised there would be no kids since it was after school hours,they would clean the room really well before she got there, and even police the room so not to run into anything or puncture herself on sharp objects due to lack of vision, and only two days a week for two and a half hours. I agreed at that point. When it was time to sign the IEP papers, everyone started talking to me at one time, giving me schedule times, do this, do that, and I had no idea what was on the papers, still don't to be exact, because I forgot my copy, or can't find them as they put it. I was told we had to renew the IEP every year, that was it. I was never told I didn't have to agree, or I could disagree in other words, they just told me I had to sign. I was also told if I wanted anything changed or a new IEP, all I had to do was call them. I was never told about Due Processes, I just found out Thursday night (October 20, 2011). I was also never told that the IEP lasted from the year we actually had the meeting until the following year at the same time. So when they said I had to renew the IEP every year, I thought they meant at the beginning of each school year. I just found this out on October 6, 2011. During this year, my child got very sick, each time we went kids were still there when we arrived, the room was never cleaned, or policed like they had promised they would do. They even walked her down to the lunch room where other kids were at. Two and a half hours turned out to be too long for my daughter, because after an hour she was done. It was a battle to get her to do anything else for the remaining time and the instructor got very upset. At one point, the instructor suggested we contact the school and get the time changed. There were several days we had to miss because of illness, and they were made aware of each one. I even got a paper one day stating she had missed more than five days of school and we had to go before a meeting. I was confused because my child was on homebound, plus because they didn't clean, exposed her to others that were sick is the reason we missed. I called a local attorney for suggestions, and he told me to write and ask for a copy of the homebound attendance policy, which I did. I sent it certified with return receipt. I never got a reply in writing, she called and told me that they didn't have one, and they only wanted to meet with me to discuss what my issues were. I went on line and found the attendance policy for Nicholas County and found out the homebound students were considered an Excused Absence. I copied this information, sent it to her and never heard another word from her about it. No more letters either, so I thought the issue was resolved. Also during this year, we had a lot of snow days, and had to start back early this year because of it. When the school year was over, I never received any more schedules, or phone calls. I had asked about Summer School but never heard a reply for it.

In July of 2011, I started calling the Nicholas County B.O.E Kathy Sibbett (Special Needs Director), and requesting to have an IEP so we could figure out what we were going to do about my daughters upcoming school year. I had to leave messages every single time. I called 3 times before school started, each time, asking when the IEP meeting was going to be, we needed to do it right away. I really wanted an IEP and so on. School started, still I heard nothing, still calling, still leaving messages. No one called me, not even the Elementary school. I kept telling my family and friends something was wrong, and I didn't know what to do. I did not know what an IEP really was. I had no idea that it could stay the same year after year. I was so ignorant to this IEP stuff and the laws. I'm so frustrated at myself for allowing myself to be that ignorant. I started teaching my child, my Mom started providing some instruction and her Dad also started some instructions so she didn't loose anything, plus wasn't sure if it was another 2009-2010 year happening all over again. By the end of September, I was at my wits end, and figured they just forgot about us again. On October 6, 2011, for the very first time all year, I had the physical therapist to call and ask if we were coming. I explained to her how I had tried several times to get a hold of Kathy Sibbett, and never heard a thing, how I was still waiting to have an IEP, and didn't know what to do. She is the one that said that the IEP was good until the following year same date we signed, and that I was suppose to go by the following school years IEP schedule. WHATTTT????? I NEVER received a schedule for this year, not one, I always got one last school year showing what days and what instruction was going to be given for 3 months at a time, but I never received the first one this year, and I was never told that I had to follow the IEP schedule for the following school year, not even one time. I didn't even get a call stating we were missing any days, so I got off the phone with her and called again. Left another message of course, still no reply! I had decided I was going to try and find an attorney and see what we could do. I can not find an Attorney in the State of West Virginia who wants to be our Attorney because of my daughters special needs, and they are not familiar with the laws when coming to children with disabilities. I am still looking and begging. I have even called our Senators office to try and get help. I have called the WV Child Advocates Office but they say it's first call first serve. On Tuesday evening, October 18, 2011, my husband brought in a certified letter and I opened it up just to find out that I missed the IEP meeting they had on Friday October 14, 2011. I was so angry that I couldn't even speak. I had decided I was going to call them the next morning, if I got no answer, or an answering machine, I was going to have someone come sit with my child so I could make a trip down there. I had enough! The next morning I had to order some books for my son first, was on the phone when I got a knock on my door. They said they were Child Protective Services and they were here for Truancy. I thought they were crazy people, no ID, no paperwork, and truancy, never heard of CPS being truancy before, so I slammed my door and locked it. They scared me half to death. I have never had to deal with CPS before so I had no idea what I was doing, and anytime you hear CPS, you think the worst. I got my Mom and she went out to see who it was, they said they were here to speak to me over neglecting my child's education, not truancy! I was really upset at that point. I was shaking, crying, and just beside myself. I tried to explain to them that my daughter was homebound, and I had tried since July to get in contact with them but they told me I wasn't doing what the school wanted me to do, and the school told them they tried to come to my home and I wouldn't let them in, or pretended that I wasn't home. Which is nothing but a flat out lie! Also, remember last year we met at the school after school hours, so that tells you right there they were lying.  I am not the only one who lives here, and we are always home. I have never turned anyone away from my home. I called the only attorney I know and let them talk to him. They set up an appointment for Friday, October 21, 2011. Us, the school board, the prosecutor , and CPS were suppose to be there. The same day I went down to talk to the Prosecuting Attorney to see what was going on, and they didn't hear anything about it, but just in case something was to come up, they wouldn't talk to me, they just told me to go talk to this CPS workers boss. So I did, and he came out, they refused to let me talk to his boss. I asked him why he was really at my house and he told me again, truancy. I told him he had to be lying because I have never heard of CPS taking care of truancy. He kept saying that over and over, so I asked him to please put that in writing for my records and he refused. My friend was with me as a witness, and unknown to me, she was recording the conversation. Never got no where with his boss, so we left. She recorded everything he said, and how he right down refused to put anything in writing. The next day I met with my Attorney to find out that only CPS was going to be at this meeting, and then on Friday morning October 21, 2011, we met with CPS.  I noticed the conference button lit up on the phone, he never disclosed to us at no time that anyone was on conference. I explained what happened, although I know that the CPS and Board work together, and they told me that they really didn't want to bring a petition against me, didn't think that was best, just wanted to make sure that my daughter was getting her educational needs met. My Brother was there with me, and he spoke up and explained that he felt the school was to blame because here it is October 21, 2011 and they are just now doing something. CPS asked if they could set up a meeting and be like a mediator between the Board of Education and I. My attorney agreed. Although I don't know because my attorney is not going to be there. He would only take care of the CPS issue, not the school. Which I don't understand either. They are suppose to let me know of a date and time, but I am very concerned about all of this.I don't think they are really there to help my child, they make me feel like they are more there to help the school board. They automatically are believing them, knowing I had proof to give them but wouldn't even look at it.

I found an Attorney that knows about Child Protective Services, and Special Needs Children. That's what she does, but she doesn't know if she can even come to Nicholas County, plus she is the one that explained to me about Due Process. She feels that my child and I are getting the blame because the school board knows it is in trouble , and if the state gets custody of my child, then they are not in trouble no more, it becomes a state problem. I have not been charged with anything, but they haven't said they wasn't going to get a petition against me, they just said they didn't want to. Nancy Dalby is her name from Charles Town, WV, and I would love to have her as an attorney, but we will have to wait and see I guess. The thing is, she said CPS does this all the time, they didn't mess up until they asked to see my child that day without a court order. It was against her 4th Amendment Rights. Also, I need to fill out a due process right away and send it in. I only have two years in which to file this complaint, but my other attorney said not to do it yet, to wait it out. I shouldn't upset them any. She explained I was going to really upset them when I did, and now I am scared half to death. If I had her or any Attorney to protect my Child  then I would send it out first thing Monday morning, even if I had to overnight express it. I know for a fact that everything they are saying or the alleged complaint is not true. I'm not affraid of going to court, I'm affraid of them being able to lie and get my child. She told me they could lie about anything, and there was nothing I could do. I have not broken any laws, and I have been doing everything in my power to get the education my child needs and deserves. The Nicholas County Board of Education are the ones who have neglected my child's education. They are also trying to say that we only went one time to school last year and that is a lie. I have no documentation from them stating that I was there, not even given the opportunity to receive something like that, but they have no documentation saying I wasn't there. Just their words against mine. I also have witnesses that are willing to state I was there more than once. I have the post dated envelope of when I received my first schedule for this year, I also have witnesses to the fact of how many times I called and left messages. I have never received in writing anything about missing school, nor even given a chance to go to a meeting. They are saying the sent me an IEP meeting on September 30, 2011, but I never received one thing. I had asked them last year, from now on to send me everything certified with return receipt so they knew for sure I got it, and they didn't. They use that as an excuse before so that's how I thought we could settle that problem. No more guessing in other words.   Also, I found out that they had this IEP without me and even done the 3 year re-evaluation without me, that wasn't due until July 2012. I received this information Friday evening, which I thought was against the law too. I can not sit and wait for them to come take my child, she just wouldn't make it without me, I know that, so I am going to send a Certified Return Receipt letter out first thing Monday morning asking for an Emergency/ Extradited IEP and Re-evaluation meeting to be held as soon as possible, preferable within 5 days of receipt of receiving letter. I was needing help with the meeting. I need to protect my child and her rights. Please if anyone can give me information that will help me with anything, please, please I am begging you to send it to me. If someone can come with me to these meetings, I would be even more in debt to you. I want to bring my child back home. Since being up there is what made her sick last year, I don't want to do it this year. I want an instructor to come to my home along with PT, OT, and Speech. I also want it documented every single time there is any instruction, PT, OT and speech given where both parties are to sign to protect us from this happening again. I have no idea what I am allowed to ask for, but I know that we were set up, I really feel that she was so upset with me over the first year, and she finally found a way to get back at me, but she only hurt my child. They knew back in July 2011 that I was not aware the IEP and schedule held over to this year, and they never gave me an IEP meeting like I asked for. Please help me! I am so confused and the more I research about it, and the more I read, the more confused I'm getting. This is certainly a case of Civil Rights Violation, They have broken several Federal and State Code's too, and all I want, is to get my child's education! 

Like I said, this is unbelievable, I know that, but I am desperate. What do I do from here and how can I find an Attorney for my baby? I have a new Homebound Referral Form from her doctor stating she is to be homebound again this year. She still can not be exposed to sick children/adults and the same problems before. I'm scared if I don't do exactly what they want me to do, then they will take my kid for what they done wrong. I am being wrongfully accused,  my child is being left behind and they are not providing her with an education that she deserves. It should not be allowed that these agencies can gang up on a parent simply because she doesn't know her child's rights. Also, is there anyway of getting training? I want to educate myself in all areas of this. This seems to be the norm for our little area, and this has to stop. Thank you.