Need help on IEP for my 9 year old with Aspergers. It's in 2 days!!?

Question

My 9 year old son was diagnosed with Aspergers, NVLD and ADHD. For over a year, we have been trying acommodations, but they aren't working. His teacher is doesn't have time to work with him and she's very insensitive to his diagnosis. She has actually written me notes that he "chose" not to pay attention or "decided" not to focus. We are meeting again in 2 days to revise the IEP. The last time I requested a 1 on 1, they told me they were for the "severly disabled." My son's doctors all recommended he have a 1 on 1 or be placed in a self-contained classroom. Only problem is, placing him in a special ed class with other kids who have more severe emotional issues etc. wouldn't be the best environment. He needs to be mentally challenged, but isn't able to do his work because he isn't able to follow along with what to do when he is alone. So do I request a 1 on 1 again or mention private schooling? Also, if we disagree, should I request an Administrative review or go straight to a due process hearing. I have had all my son's testing done privately, even his O.T. and Speech/Language Evaluations, but the school just isn't doing their part. Thanks.

Answer 1

I would avoid due process if possible because of the expense and time that is wasted with your child not getting what they need. Some options to think about explore.

If your child's current teacher is insensitive and unwilling to help your child and/ or follow the IEP as stated can you request a transfer to a different teacher in your child's grade/ school or another nearby school?

Are there any options to help your child besides SDC or just general ed.? Some students I work with pull out for the most difficult times of their day for resources (this is for children with more mild learning disabilities) help an hour or so a day. Some students receive push in aide service for parts of their day that is difficult. Some students receive combinations programs part time SDC, general ed., part time general ed. resource etc. Especially for students with ASD you just need to think outside of the box.

You also mentioned that you had all your sons testing done privately. The school district also needs to do their own testing, but did any of those people that provided testing outside of the school district observe your son in the school environment. Working for a school it is sometimes difficult for me to give as much credit to an outside evaluator who did not come to see the child in school or did not often even talk to school staff about what the school setting looks like. If you have someone that can observe in the school this can help everyone. First if the IEP is not being followed or your child is not being treated fairly often time an outside person can corroborate these difficulties. Second people often make blanket recommendations such as a 1 on 1 aide for the entire day which your child might not really need. He may do better with targeted push in or pull out intervention help at targeted times of the day.

As mentioned earlier put all your requests in writing and make sure the district responds in writing. A great advocacy and legal information website is www.wrightslaw.com

Answer 2

You are the parent.You decide how your childs IEP is written.Check into your area for any type of organization that deals with autism they will help you to get what you want for your son.Go back and request a prescription from the psychiatrist that examined your child and ask him to specifically mention a 1 on 1 for your child.I did this and we got services from more that one agency for both my sons.Both of them now have TSS's and my oldest is now a straight A-B student because of the 1 on 1 help he recieves from this person who is willing to take him and help him over the gap he needed.Sharon W.

Answer 3

U should homeschool....i have a little bit of Aspergers and i have a ton of ADD and dyslexia and all those things. im homeschooled and it is alot better....the school program is messed up....and the kids are mean...but if you cant...then maybe try a alternative school...i went to one (now im to old) and it was great!

Answer 4

I knwo a child that has a 1:1 in a mainstream class because of mild autism-

so it is not only for teh severely disabled (those that need physical care)

each child has a right to be in the least restrictive environment-

and it sounds liek this is the mainstream class for your child-but to be successful heneeds a 1:1 shadow--

only in the case that he could notbe accomodated with teh maximum supports (1:1) should he be placed in a more restrictive environemnt (self contained)

teh teachers actions show that he does need the support--

is he in a mainstream class with in class support from a  special ed teacher-if he is and thsi is not sufficient-than the 1:1 should be tried

Answer 5

Ok, first of all it doesn't matter if teacher doesn't have time to work with him. If there is anything written on the IEP plan that this or any teacher is suppose to do, it is mandated by FEDERAL law that it has to be done.

If teachers don't have time to follow federal laws, the school is to get someone who CAN have time to work with him.

Schools always say the child 'choose' not to pay attention, focus, not do work, etc. The reason for this is because the school KNOWS the truth, which is the child CAN"T do these things becuase of his problems.

If the school admitted this, then they would have to help the child with the problems. Instead, they say the child is 'choosing' not do do these things on purpose so there will be no proof that the child has problems, and the school won't have to help the child. Normal thing for most schools.

Lots of teachers here on answers have said that the administrators tell them to do this and NOT to say that the child has problems.

This time in the IEP meeting, record the meeting if possible. You have the legal right to do this. They will not be so likely to intimidate, lie and violate federal law if you record.

If possible, get notes from the doctors stating he needs the aide and take the notes to the meeting. Tell the head of meeting person to put copies of these notes in your childs permanent educational files so there will be proof of this, so they can't come back and say you never told them.

In the meeting,  ask for the one on one aide again. If they refuse, tell them you will be writing to the district sped director requesting 'prior written notice' for this refusal.

This is required by federal special ed law IDEA.

THey have to have LEGAL reasons for refusing aide and

''aides being only for severly disabled''

is NOT a legal reason to refuse an aide for your child.

They have to write their legal reasons for this refusal on this prior writtten notice and give it to you. If they do not have a legal reason for refusing, they will *maybe*   'magically' change their minds and provide the aide because they will NOT put illegal reasons in writing on this prior written notice.

If they dont' give you the prior written notice at all, the next legal step is to file formal state complaint. The state will make them give you the prior written notice. At this point if the school does not have legal reasons for refusing aide, they will 'magically' give you one because they will not want the state to know they refused the aide illegally.

You HAVE to ask for this prior written notice IN WRITING, not orally.

As for the doctors saying he needs to be in self contained classroom with only other sped kids, this just can't be done 'just because' the doctors want it to be done.

WHen a child is first in special ed, the child HAS to be placed in reg ed classroom first, WITH the support that is written in his IEP plan, to see if the child improves.

If he doesnt' improve in that setting, THEN the child is suppose to be placed in a different setting such as with all sped kids, another school, etc to see if he improves.

This is called 'least restrictive environment'.

SO, the school can NOT put him in classes with only sped kids UNTIL your child has been in reg ed classes WITH the right hellp and is not improving.

The catch to this is, you have to be SURE the school IS doing what is right in the reg ed class to help the child improve. Lots of times the school does NOT do what they are suppose to  and then come back and say the child is not improving.

OR , they dont' do what is right and say the child IS improving when he's really not, just to get out of helping the child.

Do not ask for your child being put in sped only class if you don't feel this is right for him. School can not do this anyway without first PROVING that he is not succeding in the reg ed classes.

If the school brings it up and wants to put him in sped only classes, tell them to show you written proof that he is not suceeding in the reg ed class, and mention 'least restrictive environment as specified by IDEA law'  to them.

If they  are not honest in their intentions, this should stop them in their tracks.

You wrote - He needs to be mentally challenged, but isn't able to do his work because he isn't able to follow along with what to do when he is alone.

This is why he needs the aide, right? If so, tell them this is why he needs the aide. Do you have any school work or any proof at all that he can't do his work when he's alone? If possible, take to the meeting copies of any school work he does when he's alone, to show proof he can't do it alone successfully.

And in the meeting tell them to show you proof in black and white that he IS succeding without the aide. They have to do this in order to refuse the aide.

So yes, in the meeting mention the one on one aide again like I mentioned above.

With special ed, the parent and school has to follow the specific step by step process spelled out in IDEA law, and you just cant' jump to due process hearing without all the other legal processes being done FIRST.

A due process hearing is VERY expensive, threatening, adversial, etc. And can drag on for years. IF at all possible, try to solve problems without doing due process hearing.

As for revising the IEP - before you go to the meeting, make a list of the things that are written in the IEP plan that is NOT working for your child. These are the things you want taken out of the IEP plan. If they refuse to take out anything that is NOT working, write and request prior written notice for this also. Everything I wrote about prior written notice above applies to this as well.

And, make a list of what you feel WILL work for your child. Remember, ANYTHING that the school is suppose to do for your child HAS to be written into the IEP plan or the school won't have to do it.

If the school refuses to do the things you think will work for your child, request prior written notice for this also.

The school does not have to pay for private schooling, or in this case any school that WILL meet his needs (this doesn't HAVE to be a private school, it could be a LD school)

UNTIL it has been proven that the child can not progress in the current school. In order for this to be done, the school first has to DO the things that WILL help your child in the current school.

You wrote -  Also, if we disagree, should I request an Administrative review or go straight to a due process hearing.

Disagree with what, exactly??

If you need help, email me  [e-mail]

Answer 6

You most certainly have a right to request a due process hearing if you feel the school is not offering what is best for yoiur child.  At your meeting, state that you feel that he needs the one-on-one and if they do not want to accomodate, tell them that you would like to go to the next level.  You obviously will need the medical documentation proving that he needs these services.  If the hearing is not in your favor, I am not sure what the next step might be.  

I would contact a child advocate in your area.  They not only would be able to represent you better if you did need to have a hearing, but they could now advise you on the best course of action to get what is best for your child.

Good luck!

Answer 7

I just wanna say first of all that you are an awesome mother. You should be so proud of yourself, there aren't many parents that are as much of an advocate for their children as you are. Many parents just don't know what to do in this situation. Anyways, back onto topic....

I would suggest you immediately take this matter to the principal. It is THE LAW that your child gets the educated in the "least restrictive environment" (I'm sure you know this) and if you don't feel that he should be in the classroom with the special ed classroom and if you have reasons to back that up, then what you say goes.

This is how it is in my state and I believe all states as well, but check into this. I believe your school gets a massive amount of money per year to accomodate your child (around $10,000). If your school isn't performing then you have a right to take that money elsewhere such as a private school, as you had mentioned. That sounds like your best bet, if the whole school is like your son's teacher. Good luck with everything.

Answer 8

I wanted to wish you luck -- I could have written your question! I have an IEP meeting tomorrow on behalf of my 12-year-old daughter with Asperger's and NVLD. We're getting the same line from the school about her "choosing" not to do things that are clearly not possible because of her disability.

You're already aware that the line about 1 on 1 aides being only for "severely disabled" kids is baloney. My daughter had such an aide all through elementary school, and it was essential for her progress and for the smooth running of the rest of her class. (She also had access to a quiet place to work with the aide when her environment was too distracting.) Without that support, now that she's in junior high, things are worse. So I would continue to request the aide, rather than the private schooling -- unless you want to remind them that the aide will cost them a whole lot less.

Going to due process, while it's your right, is a cumbersome and expensive process from what I've heard. I would first try to buck this up as many levels in school administration as you can. We've found that sometimes being a colossal nuisance does generate change.

I also don't recall you mentioning any legal help, such as an advocate, but schools often are more attentive to professionals who know the law than to parents (even if we know the law, too). It sounds like your school is clearly out of compliance, and you may need someone to remind them of the consequences of that fact.

Best of luck.