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‘Something has to change’: How one Smith County mom is fighting for special education services for her son

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Janiyah Wright didn't find out an assault was filed with the police against her 7-year-old son until days later, when she got a call from the youth court. Grayson hadn't known it either. 

He had an incident on March 10 at the Taylorsville Attendance Center — he said he got frustrated when other students in his general education class received candy for finishing a test and he did not. Grayson has diagnosed disabilities and said he took his test in the special education classroom. According to the police report, he took another student's candy and was not able to calm himself down when the principal came to the room to intervene. In the hallway, he ripped decorations and student work off the wall and kicked multiple staff members, which resulted in the school calling the police to file an assault charge.

When Wright arrived at the school, she did not see any police presence, just the principal sweeping up torn paper and Grayson crying in the office. She said her son later told her he saw the police talking to school staff and other students, but did not understand why the were there. A youth counselor with the court told Wright the following Monday when he called that the court had instructed the police not to take Grayson to a detention center because of his age.

When she explained the situation to him that night, Wright said Grayson started crying and sweating because he was worried the police were coming to get him from their house. Now he is nervous around the school resource officer, something he is working on with his therapist.

“He's seven, why did it go to this?” she said. “Now we're going to have him afraid of police at seven? And it's all because of him a disability that he sometimes needs help with?”

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Despite doing well academically, Grayson has regularly been disciplined at school for behavior problems, which his mother says are a result of the school not providing adequate services for his disabilities. She's fought for him to have access to individual in the classroom, and even brought in outside advocates to help, but Wright is considering leaving the school altogether because of the challenges she and her son have . Advocates say these issues are common across the and country; research links barriers in accessing services to the quality of parent relationships with school personnel.

School district officials did not respond to multiple requests for comment for this story.

Grayson, now 8, recently finished second grade, where he earned awards for his high scores on math and reading assessments. He was diagnosed with ADHD and oppositional defiance disorder at age 3 and has been receiving mental health treatment since. When he started kindergarten, he was also diagnosed with autism.

Wright said her son started getting regularly suspended at the end of first grade. Discipline reports from the school describe incidents where he was “defiant” by yelling, throwing objects, or hitting other people. This year, records from the school show Grayson was removed from his general education classroom 29 times over the course of about 75% of the school year. It's unclear how the school is defining removals in this count, which can include out-of-school suspension, in-school suspension, being sent home early for the day, or being sent to the special education classroom as a form of discipline.

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Federal data shows nationally, students with disabilities are suspended at a higher rate than their nondisabled peers, a pattern that is exacerbated by race. In the 2017-18 school year, the most recent year with available data, Black students with disabilities made up 2.3% of all students in the U.S. but accounted for 6.2% of all students receiving in-school suspensions and 8.8% of all students with out-of-school suspensions, according to the U.S. Department of Education's Office of Civil Rights.

In Mississippi, students with disabilities are also suspended at higher rates than their nondisabled peers, according to the same 2017-18 federal data set, but those gaps are smaller than in comparable national figures. The national pattern of Black students with disabilities being suspended at a higher rate also holds true in Mississippi.

Researchers have also noted that among students with disabilities, Black students lose roughly three times as many instructional days because of discipline as their white counterparts.

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In the first two weeks of second grade, Grayson had an incident where he tore his papers and pushed over his desk, which landed on a teacher's finger. He was suspended for three days. When he returned, Wright went to the office to talk about the incident and said she was met with unexpected proposals to completely rework his individualized education plan, or IEP.

“I drop him off, say ‘Grayson, have a good day,' and then all of a sudden I'm in the middle of an IEP meeting,” Wright said. “Usually, with the IEP meetings, you let the parent know ahead of time.”

Per Mississippi Department of Education policy, schools are required to provide advance notice of IEP meetings to parents.

Under federal law, students with disabilities are entitled to learn alongside nondisabled students to the maximum extent possible. Students with disabilities accommodations or services through their individualized education plan, which parents and school personnel create together. The plan also sets annual goals for the student. If the student is having trouble meeting those goals, the team that created the plan is supposed to reconvene and determine what other supports are necessary. 

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Joy Hogge, executive director of Families as Allies, a Mississippi nonprofit that advocates for kids with behavioral health challenges, said there are numerous reasons why districts can struggle to meet students' federally protected needs. These include confusion about the law, a lack of understanding about disabilities, prejudices against students with disabilities, and a lack of resources. She said that while it is not acceptable, districts are stretched very thin and may “let go” of obligations in this area “because it's one of the hardest for them.”

After the incident in August where he pushed over his desk, school officials proposed removing Grayson from the classroom setting almost entirely according to recordings of meetings and related paperwork. The school suggested having him participate in class virtually, coming to the school once or twice a week to receive behavioral services and work through questions on his coursework. A decision was not reached in the initial meeting; Wright said she felt uncomfortable with such significant changes to his special education plan so early in the school year when the school had barely had a to implement the current plan.

“That's when I started getting my advocate involved, because I sat in the parking lot, having just started a new job, just crying, (thinking) ‘Why is this happening?'” she said.

Wright connected with Leslie LaVergne, of the University of Southern Mississippi's Institute for Disability Studies, a few weeks later in early September to help her navigate the process. LaVergne pointed out in meetings that these new proposals violated Grayson's rights by not first exhausting options to have him learn alongside his peers without disabilities and asked for better monitoring of Grayson's progress toward his goals to understand whether the current strategies were effective.

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Wright also filed a complaint with the Mississippi Department of Education against the school district after its August proposal to remove him from the classroom setting. The district reached out to Wright later about completing paperwork to withdraw the complaint, according to text messages, something Wright said came as a surprise to her. The complaint was resolved in mediation months later.

Hogge, of Families as Allies, said her organization does not encourage families to withdraw complaints or agree to mediation, since, in their experience, conditions will often return to what they were before the complaint was filed.

“When families file formal state complaints, they often face tremendous pressure from districts to withdraw them or agree to mediation,” she said. “I think that tells us right there that districts are not wanting to go through what it would take to make the changes to get in compliance.”

After an updated evaluation by a behavioral specialist, Wright and the school reached an agreement at the end of September on new strategies to help Grayson manage his behavior. Despite this, his mom said conditions with the school did not improve as she would have hoped.

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“From there it was hostility, it was like a vendetta, just because I brought somebody with me,” Wright said.

She described a runaround throughout the rest of the fall regarding the services that were being delivered. In some meetings, they had conversations about how Grayson was progressing in a certain type of therapy, but Wright said the school told her in a later meeting that the group providing this care was primarily coming to train teachers, not work with Grayson himself. He was also suspended more times throughout the fall, according to Wright's records.

At the end of November, the school called Wright to tell her Grayson was suicidal and she needed to come pick him up, according to a notice Wright signed. When he was evaluated by Pine Grove Behavioral Health & Addiction Services later that day, the evaluator said he could return to school and continue his outpatient mental health treatment.

Wright requested additional meetings to rework the special education plan because Grayson was still getting in trouble for behavior problems. The document was ultimately revised multiple times over the course of the school year.

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Grayson's family him as shy, smart, and very observant. His grandma Deborah Wright, who lives next door, emphasized that he is very perceptive of tone. She said when people approach him from a place of love or care, they get a different response than a tone that makes him feel like he's in trouble.  

Janiyah Wright at her Taylorsville home where she resides with her son, Thursday, May 25, 2023.

Janiyah Wright expressed frustration that, in her view, school employees have not worked to build relationships with Grayson, leading to some of the incidents that have occurred.

“Something has to change because I'm not seeing this behavior at home, when he goes off with other people they're not seeing this behavior, we go to the park, he plays with other kids, they're not seeing this,” said Janiyah Wright. “This is happening at school. I just want y'all to build a rapport with my child, make a connection with him so that he can be able to come to you in those times of a meltdown or a tantrum.”

She said pushback from the school increased toward the end of the school year, starting with the police incident in March. In the police report, unidentified staff members said Grayson needs help they can't provide and called Wright “uncooperative” in his care. When she tried to bring the incident up at the next IEP meeting, she said the principal declined to discuss it.

“Why can't we discuss that when we're supposed to be here as an IEP committee for this kid?” she said. “That alone tells me you're not here for my child.”

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Wright said the meeting was otherwise positive. Grayson's special education team agreed to have a registered behavior technician join him in the classroom for the remainder of the school year.

The feeling was short-lived. Wright said she received a phone call from the youth court the next week where she was told the principal wanted to proceed with the assault charges, something the court said they couldn't do because Grayson has disabilities.

Wright, who also brought in Disability Rights Mississippi, received a notice in mid-April that both of the advocates she was working with were banned from the Taylorsville Attendance Center. The letter cited “bullying, disrespect, aggression, and unprofessionalism” at the most recent special education team meeting as the reason. A recording of the meeting showed it was tense at points.

LaVergne, the advocate from the University of Southern Mississippi, declined to comment on the situation as it is “ongoing.”

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Jane Walton, communications director for Disability Rights Mississippi, said their organization has never heard of advocates being banned before and the organization has filed a complaint with the Mississippi Department of Education to challenge the decision.

“While I can't speak to the situation of this particular student, I think it gives a lot of insight into the struggles that parents and students with disabilities generally face trying to get the support that they need,” Walton said.

To Wright, this move felt like the school didn't care about what was in the best interest of her child since they were unwilling to listen to the experts in this field.

Despite these events, Grayson said his experience at the end of the school year was positive. Wright attributed this to the presence of the behavior technician in the classroom with him, something she said she'd been requesting for a while and was glad to see implemented.

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In the most recent special education team meeting, the tech pointed out that tone is a trigger for Grayson's behaviors, echoing what Wright and her family already told the school about Grayson. She wishes this service could have been made available sooner.

“If the school was willing to obtain knowledge on a professional level, like my advocates were trying to provide, I just feel like a lot of the incidents could have been avoided,” she said.

After the year they've had, Wright is looking to move.

It feels like something she has to do, even though it would likely mean moving away from the support system of her family. Grayson has told her he thinks a new school would be better. She's been looking for new jobs and inquiring about selling her house.

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Despite this, she said she doesn't want the school to think it was successful in pushing her out because she's still concerned about other children with disabilities in the community.

“Every time I go (to the school), I'm not just fighting for my child,” Wright said. “I don't want to be in the school district anymore. I would like to move, but in regard to the kids that are still having to in Smith County, I feel like there should be a change.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

PSC axes solar programs in light of EPA funds, advocates file lawsuit

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mississippitoday.org – Alex Rozier – 2024-05-15 12:10:31

Advocates from some of the state's conservation groups — such as Audubon Delta, Mississippi Sierra Club and Steps Coalition — spoke out Wednesday against a recent decision by the Mississippi Public Service Commission to suspend several solar programs, including “Solar for Schools,” less than two years after the previous commission put them in place.

“This is particularly disappointing because the need for these incentives in the state of Mississippi is significant,” said Jonathan Green, executive director of Steps Coalition. “Energy costs in the South, and in particular the region known as the Black Belt, are higher than those in other parts of the country for a number of reasons. These regions tend to have older energy generation infrastructure, and housing that has not been weatherproofed to modern standards. For many low- to moderate-income in the state of Mississippi, energy burden and energy insecurity represent real daily economic challenges.”

The PSC voted 2-1 at its April docket meeting to do away with the programs, reasoning in part that new funds through the Inflation Reduction Act would be available to the state. About 10 days later, the Environmental Protection Agency awarded $62 million to the state, through the Hope Enterprise Corporation, to help low-income Mississippians afford adding solar power to their homes. The funds are part of the Biden Administration's Solar for All program, one of the several recent federal initiatives aimed at reducing greenhouse gas emissions.

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The PSC decision ended three programs the previous commission put in place to encourage wider adoption of solar power through the two power companies it regulates, Entergy Mississippi and : “Solar for Schools,” which school districts to essentially build solar panels for free in exchange for tax credits, as well as incentives for low-income customers and battery storage.

Last Friday, the Sierra Club filed lawsuits in chancery courts in Hinds and Harrison counties against the commission, arguing the PSC broke state by not providing sufficient reasoning or public notice before making the changes. Advocates also argued that new funding going to Hope Enterprise won't go as far without the PSC's low-income incentives.

The programs were part of a 2022 addition to the state's net metering rule, a system that allows homeowners to generate their own solar power and earn credits for excess energy on their electric bills. Mississippi's version is less beneficial to participants than net metering in most states, though, because it doesn't reimburse users at the full retail cost. Mississippi's net metering program itself is still in tact.

Northern District Commissioner Chris Brown said that, while he supported efforts to expand solar power, he didn't think programs that offer incentives from energy companies were fair to other ratepayers.

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Solar panels on the roof of the performing arts center at North Forrest High School. Credit: Mike Papas / Forrest County School District

“It's the subsidy that we take issue with,” Brown said at the meeting. “It's not the solar, it's not the helping the schools. We just don't think it's good policy to spread that to the rest of the ratepayers.”

Brown and Southern District Commissioner Wayne Carr voted to end the programs, while Central District Commissioner De'Keither Stamps voted against the motion. All three are in their first terms on the PSC. Brown's position is in line with what the power companies as well as Gov. Tate Reeves have argued, which is that programs like net metering forces non-participants to subsidize those who participate.

Robert Wiygul, an attorney for the Mississippi Sierra Club, countered that argument during Wednesday's press conference, saying that net metering actually helps non-participants by adding more power to the grid and reducing the strain on the power companies' other infrastructure. Moreover, he said, the PSC hasn't offered actual numbers showing that non-participants are subsidizing the program.

“Look, if the commission wants to talk about that, we are ready to talk about it,” Wiygul said. “But what we got here is a situation where these two commissioners just decided they were going to do this. We don't even know what that claim is really based on because it hasn't been through the public notice and hasn't been through the public comment process.”

While no schools had officially enrolled in “Solar for Schools,” which went into effect in January of last year, Stamps told Mississippi that there were places in his district getting ready to participate in the very programs the PSC voted to suspend.

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Mississippi Public Service Central District Commissioner De'Keither Stamps, discusses current agency operations across the state during an interview at district headquarters, Friday, Feb. 23, 2024, in Jackson. Credit: Vickie D. King/Mississippi Today

“My issue was we should have talked to the entities that were going through the process to (understand what they were doing) to participate in the programs before you eliminate the programs,” he said.

Several school districts in the state are already using solar panels thanks to funding from a past settlement with Mississippi Power. Officials there told Mississippi Today that the extra power generated from the panels has freed up spending for other educational needs. During the public comment period for the 2022 net metering , about a dozen school district superintendents from around the state wrote in to the initiative. Ninety-five school districts in the state would have been eligible for the program because they power from Entergy Mississippi or Mississippi Power.

Former commissioner Brent Bailey, who lost a close reelection bid in November to Stamps, was an advocate for the schools program that the PSC created while he was there. At the April docket meeting, he pleaded with the new commission to reconsider, arguing that the new federal funding won't have the same impact without those programs.

“My ask is to at least give this program a , see where it goes, and hear from stakeholders that have participated,” Bailey said. The solar programs, he added, weren't just about expanding renewable energy, but taking advantage of a growing economy around solar power as well: “We can just stand by and watch it go by, or we can participate in this and bring economic to the state.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Crooked Letter Sports Podcast

Podcast: In or out (of the NCAA Tournament)?

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College 's regular season is in its last , which means baseball bracketology is a popular activity. needs to finish strong to become a Regional host. Southern Miss probably has already punched its ticket as a 2- or 3-seed. , playing its best baseball presently, needs victories, period. Meanwhile, the State High School softball tournament is this week in Hattiesburg, and the state baseball tournament to Trustmark Park in Pearl next week.

Stream all episodes here.


This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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https://www.biloxinewsevents.com/?p=358148

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Mississippi Today

Reeves again blocks funds for LeFleur’s Bluff project in Jackson

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mississippitoday.org – Bobby Harrison – 2024-05-15 10:02:34

For the third consecutive year legislative efforts to direct state money to renovate LeFleur's Bluff in have been stymied, thanks in large part to Gov. Tate Reeves.

Earlier this , the Republican governor vetoed a portion of a bill that directed $14 million to the office of Secretary of State Michael Watson for work on developing and improving a nature trail connecting parks and museums and making other -related improvements in the LeFleur's Bluff area.

It is not clear whether the could take up the veto during the 2025 , which begins in January, though, that's not likely. The Legislature had the option to return to Jackson Tuesday to take up any veto, but chose not to do so.

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Of the , Watson said, “Our office was approached late in the session about helping with a project to revitalize LeFleur's Bluff. As Mississippi's state land commissioner, I was more than happy to help this effort not just because it's a natural fit for our office, but also because I believe Mississippi needs a thriving capital city to retain our best and brightest. Investing state funds in state property on a project to enhance the quality of life in Jackson makes good sense.

“Unfortunately, some only support it when it equates to campaign contributions. Sadly, through the line-item veto of the appropriation, will once again wait another year for the to benefit from state investments for the greater public good.”

READ MORE: Gov. Reeves warns Mississippi: Challenge my vetoes, and it could jeopardize hundreds of projects

Various groups, such as representatives of the Mississippi Children's Museum and many other community leaders have been working on the project for years. The area already is the home of the Children's Museum, Museum of Natural History, Mississippi Hall of Fame and Museum and a state park.

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The issues with LeFleur's Bluff first arose in 2022 when Reeves vetoed a $14 million appropriation that in part was designed to redesign and create a new golf course in the area. Previously, there had been a nine-hole, state-owned golf course operated by the Department of Wildlife, Fisheries and Parks at LeFleur's Bluff State Park.

In 2022, the LeFleur's Bluff project was one of literally hundreds of projects funded by the Legislature – many of which was tourism projects like LeFleur's Bluff. The governor only vetoed a handful of those projects.

When issuing the LeFleur's  Bluff veto, Reeves said the state should not be involved in funding golf courses.

Then last year $13 million was directed to the Department of Wildlife, Fisheries and Parks to spend on the LeFleur's Bluff project. But legislative leaders said state money would not go toward a golf course.

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Lawmakers opted to transfer the project to the Secretary of State's office late in the 2024 session, apparently in part because they felt the Department of Wildlife, Fisheries and Parks had not made enough of an effort to begin the project.

Lynn Posey, executive director of Wildlife, Fisheries and Parks, said that before moving forward with the project, “We felt like we needed to do engineering work and see what the situation was. We never got a chance to move forward” because the Legislature redirected the money.

Posey said an engineer's report was needed because “it is a unique piece of land.” He said much of the land is prone to flooding.

He said before that work could begin the Legislature switched the authority to the Secretary of State's office. Posey was appointed to his current position by Reeves, whose office had no comment on the veto.

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Lt. Gov. Delbert Hosemann said after the governor's veto, “Projects like the LeFleur's Bluff development are critical to the Capital City, the wider metropolitan area, and our state. Public parks add to the quality of life for our citizens. I am hopeful the individuals involved in this project, including those at the Mississippi Children's Museum, will continue their work to improve this state asset.” 

While the Constitution instructs the governor to provide to the Legislature a reason for any veto, Reeves did not do so this year when vetoing the money going to the Secretary of State's office.

On Monday, the governor also vetoed a portion of another bill dealing with appropriations for specific projects. But in this case, the veto was more of a technicality. The bill was making corrections to language passed in previous sessions. In that language were five projects the governor vetoed in 2022.

The language, as it was written, would not have revived those previously vetoed projects, the governor said. But Reeves said he vetoed the five projects out of caution. He did the same in 2023 when those five projects, which included money appropriated in 2022 for the Russell C. Davis Planetarium in Jackson, were carried forward in a bill also making corrections to previously passed legislation.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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