IEP Ready to sue help?

Question

My son has aspergers/PPD/NOS diagnosed at 6 yrs old after years of me fighting that diagnoses.So we had a cursory IEP meeting back a few weeks ago and now the school we have another IEP meeting scheduled for this week.The school does not have a clue what aspergers is and is saying that he is ADHD.They have not done any of the interventions that have been requested.He does have an aid in the classroom but there are 28 other kids in the classroom and does not pay attention to his behaviors.Yes he goes to school with medication so they do not see the out right behaviors b/c he is medicated.Well apparently the school is telling my ex who has no custody that I am lacking in parenting skills and that is why he is failing in school.I'm so beside myself that I feel like hiring a lawyer and suing the school system over this.My ex who has not been involved in his care is now going to attend this meeting b/c they have built this IEP around his convient time to be there which is inconvient for me.

Answer 1

1. Start documenting everything. Get a notebook, record name, date, time, person you spoke to & conversation highlights for everything. This creates a paper trail, so they can't step on your rights.

2. Find yourself an advocate ASAP. They're worth their weight in gold. They know the law & schools know they can't fudge things when an advocate is involved. Contact your local autism chapter, the ARC (a great source) and ask if they recommend anyone off their list.

3. Any requests you make need to be in writing. If you ask verbally, follow up with a letter. Keep a copy for yourself. If you mail it, send it return receipt or certified. If you hand deliver it, on your copy, write the date, time, person you handed it to & who delivered it (you or someone else).

4. Educators are not doctors - they cannot deny a doctor's diagnosis -- unless they are a pediatric neurologist (and trust me, none of them are) -- they have to accept your doctor's diagnosis, whether they like it or not.

5. Doctors are not educators -- doctors can recommend things that kids may need (and most likely do), but that doesn't mean the school has to do it. You have to be able to prove that your child needs those services...which is where your documenting conversations comes in (especially if a teacher is calling to tell you how much trouble your child is having). Bring whatever you have to with you to the meeting to prove your point.

6. Trust me when I say this -- the school knows what aspergers is. With an incidence of 1 in 150 diagnosed with some form of autism, they know. And they have a number of kids within the school who are on IEPs because of it.

7. You don't have to sign the IEP if you don't like it. Never sign it at the meeting. Always take it home & review it. And even if you do sign it, you can always "tweak" it down the road at any point by calling a Team Meeting.

8. If you're not sure what services he needs, request (in writing) speech/language testing for semantics & pragmatics, expressive & receptive language delays and executive function. Request testing for sensory integration dysfunction, fine & gross motor delays by an occupational therapist. Request a "Functional Behavioral Analysis within the classroom by a qualified person with experience in children with Aspergers Syndrome". Use those exact words, otherwise they could sit a lunch lady in there to observe him. (The FBA will identify what accomodations/changes need to be made in the classroom to make it more user-friendly for him.)

9. On the IEP, you want a social skills group at least 1x/wk for an hour. This is usually done by the school counselor with 1-2 role model kids & 1-2 kids who need help with social skills. They usually do it during lunch/recess, play games, do group projects & learn social skills in the process.

10. Finally, you want to make sure the special ed dept. is aware what's going on - request copies of both his regular ed & special ed files - send it to the spec.ed. director, with a copy to the school counselor & the principal. It'll cost you a couple bucks, but it puts them on their toes.

11. Read, read, read - everything you can! The more you know, the better advocate you'll be for your son. The fact is, the school is budget oriented - that's their concern. Your concern is your child's happiness & education, in that order. Don't let them stomp all over you. Go get them!

Answer 2

As a parent advocate and a parent of a special-needs child, I know what you are going through.  You have a couple of issues here.  First, there is the issue with your ex that must be resolved before you can get to the second issue.  If you have full legal and physical custody, you must write a letter to your school district and include a copy of the court's order indicating you have full custody.  Indicate that if they divulge any information to your ex that they are violating confidentiality rights and you will pursue any and all legal remedies.  Reschedule the IEP to your convenience and indicate your ex can does not have your permission to attend (or as an alternative, he may attend and not speak and the meeting will be stopped if he does speak).  Send a copy of the letter to your ex by registered mail.  You may email a copy to the school district and follow it up with a fax, keeping the transmittal record as proof of delivery.  As an alternative, take two copies of the letter to the school district and have the secretary date/time stamp and initial both copies, keeping one for yourself as proof of service.

If you do not have full legal and physical custody, you must get an attorney to get this.  If your ex is on the school district's side, you won't win.  I have seen it happen time and again.  However, your son has a formal diagnosis that is a powerful tool.  

Second is the denial of FAPE (Free and Appropriate Public Education) by your school district.  You must immediately write a letter using the same method of delivery noted above asking them to formally recognize your son's diagnosis.  Indicate in the letter that if they are refusing to recognize the diagnosis, they must give you Prior Written Notice (PWN).  PWN must contain the reason for refusal and proposed alternative actions.  

Who recommended the interventions you mention and what are they?  You must request that they implement the recommendations or it may constitute a denial of FAPE.  Request that they have immediate training in Asperger's/PDD-NOS as this is a requirement under the federal law called IDEA.  Request a Functional Behavioral Analysis (FBA) and an Applied Behavioral Analysis (ABA) assessment.  I would also request and Occupational Therapy (OT) and Sensory Integration assessment as well.

The bottom line is you need to stop talking and put EVERYTHING in writing.  If someone calls you, follow up with a quick email to that person stating, "This is to document the telephone conversation we just had on 5/28/08 at 3:15 pm where you indicated blah, blah, blah and I said blah blah blah."  Do this with your ex as well.

Any kind of court action including Due Process requires a large amount of documentation to build your case.  You may have a case here, but you must document EVERYTHING from here on out.  Keep a daily log of happinings in a binder.  It will prove to be invaluable.

Answer 3

, they should look up what aspergers is, they will have a better understanding.... they shouldnt blame you there something wrong here...them......  

maybe you should put him in a classroom where they can provide an aid that way he may be able to get individualized attention ...just ask the school about it  .

Answer 4

I love the information you've been given so far.  I just want to add as a teacher's assist. in this sort of situation that parents absolutely have the upper hand.  I have never met a parent who did NOT have to advocate, advocate, advocate for their child.  When parents know their rights and start pushing buttons it makes administrators get real nervous.  Of course a school who is so far behind as to not know what Asperger's is, is going to try to intimidate you or accomodate their own needs.  You absolutely have a right to bring in specialists, advocates to help you voice concerns, and district administrators to get your point across.  You may feel bad being "that hard parent"  but your child needs you, and besides--you may also educate these educators a little on Asperger's.   Good Luck.  You are the parent.  You are the customer.  They are legally bound to do what you request.  Remember that.

Answer 5

Have  you given the teacher, School nurse, ESE specialist or anyone in the CST group the diagnosis ?  Just out of curiosity.  Try whatever search engine you have and print some info for the teacher and paraprofessional 6n Aspergers.  This may be  nice way to become involved.  Regardless of diagnosis The teacher and para should attempt strategies that best promote your sons learning style.  How old is your son? You mention years of fighting diagnosis, and now your ex.   Try to work as a team for the best

Answer 6

First of all, you have to learn the special ed laws and follow them. THey are called IDEA 'individuals with disabiilties education act'

THe best site for this is  www.wrightslaw.com

Then, you have to learn the step by step legal process in this whole thing. There are some things you need to do before you sue.

What is the meeting for this week?

Write to district sped director and request 'prior written notice' for refusing to follow what is on the IEP plan. Any lawyer will tell you that you have to do this. The school has to have LEGAL reasons for refusing to follow IEP plan and since IEP is a FEDERAL document, they HAVE no legal reason.

ALSO, file a formal state complaint with your state dept of education for refusal to follow IEP plan.

Schools always say everythign is the parents fault, to get it off of them so they wont' have to help.

Tell them at the meeting that your ex is NOT a member of the IEP team so it is ILLEGAL for them to discuss anything with them and it better not happen again. You could file a complaint for this too.

You can write to school (email since meeting is soon) and 'uninvite' the ex. You have a LEGAL right to do this.

Since the time for meeting is inconvinent for you, you also have a LEGAL right to reschedule meeting for a time that is convienent for YOU. This is mentioned in IDEA law. You can do this by email before the meeting, too. Keep a copy of all emails and letters you write to the school.

Sounds to me like the school is going to use the ex against you, I wouldn't stand for it.

Answer 7

I taught special ed. for over thirty years.  I have several suggestions.  First of all, I would contact the central office of the school system.  Find out who is in charge of Special Ed. for the city and find out if they have coordinators or supervisors, etc. assigned to various schools.  For example, in my system of 11 high schools, there are about five coordinators that work directly for the Director of Special Ed.  If they do, request that the coordinator meet with you and the school officials to discuss this situation.  If there are no coordinators or supervisors, request that the director meet with you all.  Don't play the "due process" card until it's completely necessary.  Ultimately, you'll end up better off if it's not an adversarial situation.  You want the school to welcome you because that's the best thing for your son.  

If that doesn't work out, consider hiring an advocate to attend the meeting with you.  Contact the school and let them know that you are bringing an advocate.  This could be a friend who is knowledgeable about your son's diagnosis, an attorney who is knowledgeable, or simply someone from a local college, etc. who does this sort of work on the side.  This person is there to help you and to look out for your son's interest.  

I agree that copying and handing out information on Aspergers, etc. at the meeting is a smart move.  If it's a small school system it's possible that they haven't had to deal with this before.  If it's a large system in a large town, there's no excuse.  Since it's possible for your son to have aspergers AND some symptoms or characteristics of ADHD at the same time, worry less about the label and more about the services.  

You mentioned that he goes to school medicated and they only see the medicated behavior.  Surely you understand that they must deal with what they see?  For them to tell your husband ANYTHING (especially without custody) is completely unethical.  Is that someone in power or just a talkative teacher or aide?  I would consider discussing that problem with the principal or maybe even higher if that isn't satisfactory.  

I would take a copy of your custody papers to the school.  They already should have them in your son's file but I'd take another copy and remind them.  If he has no custody, I don't believe they're allowed to discuss your son's case with him.  If you want him to be involved, because it's probably the right thing to do for your son, then make it clear to what extent he can be involved.  

Anyway, step back, breathe, and try to approach this from the stand point of getting your son the best help and not from anger, frustration, etc.  School officials tend to mirror parental behavior...Good luck!

Answer 8

Three suggestions -

Contact the school in writing and request the meeting date and time to be changed as you are the parent with legal custody. You need time to gather his evaluation data.  I'd also request for a person from central office be present at the meeting to prevent any further misunderstandings.  You can do this directly or through the school.  I personally would do both.  Sometimes the loudest person wins!

Contact a lawyer and have it written that you are the only one that the school can contact since he has no legal right over the school decisions.  This will take the longest amount of time.

Contact the autism society and see how to request an advocate or a good attorney's name.

Let me make it four contacts - Contact the physician's for the paperwork that says he has been diagnosed.  The schools can NOT ignore this information.  It must be part of his IEP and evaluation information.

Answer 9

You seem like the problem.  I feel sorry for the school that has to deal with you.

Consider therapy for your sons sake.