Queens boy still out of school

BY CARRIE MELAGO Monday, April 21st 2008, 4:00 AM

Dennis Rivera, 5, is still waiting to get back in the classroom.

He was handcuffed, hauled out of his kindergarten - and then left sitting home for months without any way to get an education.

Three months after a school safety agent ignited an uproar by shackling a 5-year-old Queens boy for throwing a tantrum in kindergarten, Dennis Rivera is still waiting for a seat at a new school.

"His education has basically been put on the back burner because what he needs, he's not receiving," said Dennis' mom, Jasmine Vasquez. "My son is falling behind."

After Dennis, now 6, was handcuffed and sent to a psych ward for misbehaving at Public School 81 in Ridgewood, his mother withdrew him from the school and had him evaluated for special education services. Then she waited. The family is still waiting for the city Education Department to get Dennis help.

When called by the Daily News, the Education Department said it had found an appropriate school for Dennis, but insisted it would take a few more days before it mailed the information to his parents. The officials said they must first notify Dennis' new school.

A spokeswoman said that under state law, the Education Department has 60 school days to find an appropriate special education placement after a case is opened. For Dennis, that period would end May 7.

That's not soon enough for Vasquez, who is concerned her son is missing out on much-needed physical, occupational and speech therapy.

Just days after the Jan. 17 handcuffing - which occurred after Dennis knocked items off a principal's desk - officials began creating an "individualized education program" for him to address his special needs.

His mom was excited after a Feb. 6 meeting with educators, who said they'd place her son in a smaller setting that could help him deal with his problems.

"Nothing has happened. It's been going on three months, and I haven't gotten anything in the mail. I haven't even gotten courtesy calls," she said.

A schools spokeswoman said the state provides the 60-day window because making a good match can be complicated.

"If a student needs a variety of services, we have to make sure the school can provide them," said Maibe Gonzalez-Fuentes. "A number of arrangements have to be made. It takes time."
Dennis has been attending a Head Start program at the Grand Street Settlement program in Brooklyn while waiting for a classroom seat.

"Unfortunately, we see far too many children who suffer from delays in placement. It's particularly sad in a case like this where the child has been through so much trauma," said Kim Sweet, executive director of Advocates for Children.