How to get Special Education for Autism ?

Question

I have a son with Asbergers Disorder/ADHD/ and is Bi-Polar. We requested an IEP several times, in writing and in person, we provided the school with a Doctor's diagnosis. They are still not accomodating his needs. He was on a 504 program and the Special Ed person said they could change it to a IEP, but it wouldn't make any difference. Would this make a difference, and would this also help qualify him for SSI disability? The teachers are still not doing what is said in the 504 program details, so what would help make them do what is needed. We are in Michigan if this helps. Any information and help would be greatly appreciated.

Answer 1

Within any Michigan School District, when a parent request in writing that their child be EVALUATED for special education services, the district typically has 10 days to schedule a meeting to meet with parents and have parents sign a Permission to evaluate.  Once this permission is signed, the district has 30 school days in which to complete their assessment.  Should the district fail to do this, the parent has right.  Here's what you need to do.  Formally write a letter requesting that you son be given a complete special education evaluation to determine his eligibility for special education services.  Send a company of this letter to 1)  The building Principal, 2) The special education teacher within the building, 3) The school psychologist within the building, 4) The Director of Special Education in the School District.  Call up the Director of special Education in the district and tell him or her that you have been denied this evaluation in the past and are requesting your parent rights.  By law, you need to get a copy of these rights.  If the district fails to comply with your request, then contact the Intermediate School District and report it.  You can also contact an attorney at this point.  Given your son's medical history, he should qualify for special education services.

Answer 2

Request complete testing and a CSE meeting in writing. They have 30 school days to have the meeting. Send them the dr reports with the letter and bring them to the meeting. He can be classified OHI (other health impaired)  with the ADHD or he can be classified ED (emotional disorder) with the bi-polar if you have DR diagnosis.

In the letter request to talk to the parent advocate that will be at the meeting. Talk to them before and find out what your school offers and how they can help you. They come to the meeting with you (you do not have to pay them). Also, find out if your school has a special ed PTA. If they do, call up the president and ask them for help on what to do but the district has to follow the laws.

Usually a 504 is for kids that need just one issue (maybe a special bus, or allegy kid, or special seating, extra time on tests). They usually are not in a special ed class/Inclusion and do not have a special ed teacher watching them. Once you get an IEP he will be within special ed and assaigned a special ed teacher...either inside the classroom or one that pulls him out. IEP is if the child needs extra help in the school work if it is not affecting his school work then a 504 should be used so they have a little accommodations but can keep up with the rest of the kids.

Go see the Principal in the meantime and bring documentation of them not doing what they are suppose to in the 504 plan and that you will report them to the state. If that does not get you anywhere, go the the superintendent's office and tell them and your Board of Education president.

Answer 3

First of all a diagnosis for autism automatically qualifies a child for an IEP.  A 504 is just for resonable accomodations and you can not get all the services your child requires for an autism diagnoses.    Has your child ever been evaluated at school?  If not you can start there.  Put in writing to the special education teacher that you are requesting a full evaluation.  Then the school has 30 days to complete it and 15 days after that to set up a team meeting.  At that meeting make sure you bring the documents from the doctor etc.  

When the school isn't following the 504 plan.  Tell the sped teacher that you will be contacting the department of education.  The threat is usually enough.  If it is not call the DOE and file a complaint they will call the school and ask what is going on.  

You do not have to have an IEP for disability.  You need a doctors note.  Hope this helps!

Answer 4

Your sons school is completely and totally out of compliance! An IEP would make a difference. If the teachers don't follow the IEP, they are out of compliance. My son needed breaks during school to help get him "back on track", the swing set really calmed him (the motion) it helped with his aggression and this was put into his IEP, after we started the swinging sessions thru out the day, his behavior during class was much better and the the teachers must comply. Get an advocate to help guide you thru all the red tape. Your local chapter of "Autism Speaks" can help you get an advocate. (look them up on line) You are your son's best advocate and the more you do to get him the best education the better his future will be.

As far as SSI, it seems they deny everyone on the first application, you have to keep applying, don't drop the ball with them, reapply in the time they give you, get them the information they request. It took 4 applications before my son was approved. Don't give up!

Answer 5

If you have requested an IEP assessment in writing and have not received one, this district is out of compliance with Special Ed. Code...this is guaranteed by American with Disabilities act. I would contact an special ed. advocate and have them work on your behalf. This has a way of motivating a school district to respond more quickly and attentively. If your child has profound needs an IEP is more appropriate than a 504. You didn't say whether this was a private or public school. It may impact what service that are available to your student. The public school in your attendance area is required to provide "free and appropriate education" for your special needs child. If they cannot, they have to pay for your child to go wherever he needs to go to get services. Inform yourself, come armed with knowledge of your rights. You and your family are the only ones in this situation with rights ensured by the US govt. Here's a link to US Dept of Education family rights page. Good luck!

http://www.ed.gov/policy/gen/guid/fpco/f...

Answer 6

I would request an IEP from the school and an immediate CSE to discuss the issues you have.  The link bellow is for a lawyer in MI who has a child with autism and may be able to answer some of your questions.  I would also request data that shows they have or have not been following his  504 program, for the school year, they should have records of this information.  

http://www.jlesteresq.com/autism.html

An IEP is not enough to qualify for SSI, however I have also included a link that might provide some more information on the subject, the site is from Pennsylvania, but MI laws should be similar.

http://www.pinofpa.org/law/ssi.html

Answer 7

The other thing I would suggest, it to not accept a 504- demand he be on an IEP.  On a 504, the parent is not a part of the team.  Their requests for evaluation and suggestions can be ignored.  On an IEP, the parent is a full member of the team, can call an emergency meeting w/in 30 days, all requests for eval must be considered.  Also with a 504 a FAPE just has to be made avail, the child doesn't actually have to learn.  On an IEP, they have to benefit from the plan.

Answer 8

Be very careful who you get your information from.  There is a lot of incorrect information regarding special education and 504 plans that is posted on the internet.  

To correct a previous responder - a 504 plan is a part of regular education and falls under the American With Disabilities Act.  IEP's are part of special education and fall under IDEA.  These are COMPLETELY different plans and have different criteria.  

Contradicting what many may believe, Austism Spectrum Disorders do not automatically qualify a student for an IEP.  State and federal regulations mandate that the special ed team prove through a comprehensive special education evaluation that a student's academic performance is (significantly) negatively impacted because of the disability, in order for a child to receive an EDUCATIONAL disability diagnosis and receive special education services.  Depending on the state (I am in MO) educational diagnoses usually require some discrepancy between IQ score and standardized academic test scores, in order to prove that there is a negative academic impact.  Also, students need to be making very unsatisfactory academic progress.  If he is receiving anything above C's, it is unlikely that the special ed team can build a case for an educational disability.  In your son's case, possible educational disabiblity diagnoses include OHI (for the Asbergers and ADHD) and ED (for the Bi-Polar).  

You mentioned that you requested an IEP.  Was a special education evaluation completed?  Schools are not required to give an IEP upon parent or teacher request - that's actually illegal!  In order for a child to be placed on an IEP, the above mentioned special ed evaluation is first required.  In MO, schools actually have the right to refuse parental requests for evaluations.  Upon receipt of such requests, schools are required to look at the child's current level of functioning within 30 days and determine if an educational disability is suspected.  If one is not suspected, we are not obligated to evaluate.  If you requested a special ed evaluation and did not hear back ANYTHING within 30 days, your district is most likely out of compliance.  

Teachers are legally required to show that they are following a 504 plan - this is a serious issue.  Not sure why the Special Ed person you spoke with told you they could change it to an IEP but it wouldn't make a difference.  That statement doesn't really make sense!  

I hope this helps to clarify the special education process a little.  I know it's very confusing and frustrating.  Best of luck to you and your son.  I hope he is able to receive the supports he needs at school.

Answer 9

I think your getting good advice from the posters here. My advice is fight like h**l and don't give up.

We had a similar situation with our 3rd son. The school district blew off our requests until we threatened a lawsuit and then magically a special education teacher appeared- out of nowhere apparently as they told us numerous times there simply were no resources available for our son.

I can't say enough good things about the special ed teachers I've worked with over the years-or enough bad things about the administration paper pushers and bean counters..

The special ed teachers he had were wonderful and he excelled and surpassed all the goals we set. He mainstreamed in 9th grade and will graduate this fall.

I won't lie,it has been a long road made longer by a uncaring mindless bureaucracy. Incompetence so palpable it turned my stomach more than once.

My advice is fight the good fight-it's worth it!

Answer 10

Try one more time with the written request and personal visit. If this fails again then you should contact a lawyer and have them come to meetings. The school district is in violation and you could have a case aganist them. I am not one to have the law get involved but it seems like you have tried everything and they don't care. Yes changing the 504 to an IEP will make a difference.  I would also ask for documentation from the teacher to show if they are following the 504.  They should have it.