Change of Placement - need help | Autism PDD

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someone's mom - many the the things you stated regarding how your son functions, i can relate to.  My grand daughter (almost 9, HF autism) that i co-parent with my daughter, has many of the same issues as your son.  Selena has an aide with her from the time she gets off the bus till when she gets back on the bus in the pm.  But we had to fight for the aide, every year.  Karolysgirl has some excellent questions.  But there are 2 things that i can suggest:  get educated on the law.  I know this takes time and is hard for a single mom like yourself, but down the road it will become a little easier for you and for your son. There is a book called - Negotiating the Special Education Maze.  Excellent book, explaining the how, why what, and when of IEP.  Also ck out wrightslaw on the internet.  They have all the new and up to date laws.  The second suggestion (you may or may not have this) here in oregon we have The Oregon Advocacy Center.  It is a non-profit org. that deals with legal issues regarding any and all disabilities.  Over the years they have been a god send for us.  If you don't have something like this where you live, ck out your autism society locally, they may be able to direct you to legal counsel help.  Hope this helps, please keep up posted on the outcome, or any other questions you may have.  Keep up the good work, with the right tools you can do this easier and better.Your son sounds like my son's identical twin when my son was 11.  He's now 15. I have to say that the years between 11 and 13 were BAD.  There is SO much to address in your post that, really, it would be impossible to answer you here.  The schools are clearly not giving your sone FAPE, a Free Appropriate Public Education.  That is their JOB and they can be FORCED to provide him with what he needs.  A huge majority if the ASD kids I know, particularly the higher functioning ones, cannot tolerate the atmosphere of a "normal" school.  They need to have the same teacher (or only a couple) and that teacher has to be educated in autism. Typically, they need regular academic material but may need to be in a smaller, quieter atmophere to accomplish it.  They need help with generalizing what they learn.  They need to develop coping skills and organizational skills.  Your school district is clearly not teaching your son what HE needs to learn, so they are OUT OF COMPLIANCE. If you post the state you live in, I will post the names of lawyers or advocates in your area.  You really area going to NEED the help of someone who knows the law to straighten this mess out.  It's criminal that our school system changes to the middle school system just as our kids need MORE attention because of the onset of puberty, not less.  So please post where you live and I'll get you some contacts you can start with.  I really, really know what you are going throug because my son went through the same stage.  At 15, he's doing much, much better.

Where are you located?  It sounds like your son would really benefit from an autism classroom- but this truly should not be determined until he has had every intervention (including full para support) in the mainstream setting unless you WANT him in an autism classroom.  If it is your request the school district does not have to jump through all of the same hoops, they simply have to find him an autism classroom.  So, back to "where are you located?" and does your district have an autism program?

Some parts of your post are confusing to me- "they" (meaning you had no part in the decision???) put him in a self contained class last year.  So is he still in self contained this year?  And in his self contained class he is concerned about getting in trouble for using fidgets assigned to him  by the OT?  Does anyone in the self contained class have training in ASD, or is it this special ed teacher who has never had a student with autism?

While I feel your frustration about the school not meeting his needs, he also needs to be AT SCHOOL for their services to help him.  If you cannot get him up to get him to school, have you sought medical help such as medicine to help regulate his sleeping?  Is the school refusing to give him the tutoring for the academics he is missing, or is he too stressed out to do the tutoring if they offer it?

Sorry for all the questions.  I am just trying to fully understand your situation before I offer any advice on advocacy.  You can only advocate for the things that you can show your son needs, and that the school simply refuses to offer in any way.  So my questions are an effort to sort some of that out.

SE ALL DAY HAS WORKED GREAT FOR OUR SON. HE STRUGGLES WITH LANGUAGE/READING. MATH IS HIS ONLY CLASS AT LEVEL. THE PROBLEM IS HIS TEACHER SAYS HE'S TO HIGH FUNCTIONING FOR SE ALLDAY. WE MOVED HIM FROM THE PAST SCHOOL CAUSE THE PRINCIPALS REFUSAL TO REALLY WANT HELP FROM MY WIFES IDEAS.

SCHOOLS BELIEVE THEY KNOW IT ALL. So far the diagnostic teams ideas helped our son minimally. The problem in our case is we see our son both differently. Our issue is schools here won't help with home issues only stuff that happens at school. THEY BLAIM US FOR THE CHILD'S BEHAVIORS AT HOME. SE IS NOW PAYING FOR OUT SIDE EVALUATION.AIDS ARE HARD TO GET. ALL SERVICES ARE HARD TO GET. TEACHERS ALL NEED TRAINING IN HELPING ALL DISORDERS. WE FIND IF THE CLASS SUBJECT IS MADE EASY HE GETS IT AND CAN DO IT EVEN ALONE.

DANIEL DOESN'T HAVE A CORRECT DX. AGE 10. I

Brent39047.363599537

WARNING - Long

First some info about my child....

My son is 11 and considered HFA because of his IQ. I feel he is more moderate functioning because when he becomes stressed out he loses coping skills he has learned (or are they more memorized?)

He memorizes everything, and during therapy, when being taught a new coping skill, he memorizes it for that particular situation but can not apply it in real life situations or in a situation that differs from the one set up as a teaching example. Because of the memorization skills he has never had to study for a spelling test and gets near perfect scores. But he has no creative skills/imagination to write a simple paragraph about his favorite place or what he would like to be when he grows up. He can however (though he struggles) write a paragraph about how to make a peanut butter and jelly sandwich or how to play his favorite video game because its all a step by step process.

He is still very literal with the majority of things. He is starting to repeat jokes he has heard, but I wonder if he actually understands them or if he just has watched enough to learn the timing and has memorized when to laugh at jokes? Sometimes I tell him a joke and he just stares at me with a serious look, or he will laugh and then say "I don't get it". Even when I explain it to him he will say OHhhh, but you can hear its an empty OH. He is extremely good and covering up his feelings.

He is verbal, though most of his communication with anyone is limited to his favorite topics (like pokemon or a TV show hes likes) When asked how are you today? his answer is almost always the typical 'fine'. When asked how was school today? his answer is almost always 'fine' even when I look at his daily report and they have said he struggled with ________, or slept in class, or was very frustrated because ___________. So it appears to me he is just plugging in words that sound appropriate, but do not get the meaning attached.

He struggles in math as well. Especially as new types of math are being taught. And once he learns something one way, he gets 'lost' if you try to change the way you do it. Science is his favorite subject and as far as I can tell he does ok with it. He has missed science class all year so far due to being on 1/2 days. He is also missing history.

So onto my problem........

He is in the regular public school system and basically completely mainstreamed. He doesn't get an aide and is in a class with 28 students and just 1 teacher. Last year (at the end of the school year) the last 6 or 8 weeks were so difficult for him that this year they decided to put him in a self contained classroom rather than having him switch teachers and classrooms 2 or 3 times a day for different subjects as they did last year. However next school year he will be going to the middle school and they switch classes every 40 minutes.

My son is still coming how stressed out and aggitated. The slightest thing will set him off into a rage. He becomes self injurious and destructive as well as physically aggressive. I can't leave in the evening and do errands or go to the grocery store with him. He can't be unsupervised. (I'm a single working mom with another younger child)

I have difficulty getting him up in the moring more times than not. So much so that I had to get someone to come to my house to watch him and get him off to school because he refuses to get out of bed and I would lose my job being late to work.  He has been tardy more times than I can count because of this and has missed 2 days recently with a flat out refusal to even go to school. The more it is tried to force him to go the more violent he gets.

The teacher has admitted she has never had an ASD child in her class before but said she is really willing to learn. The problem is he is sleeping almost daily now in class either shutting down from the pressures and stress he feels and/or as an avoidant behavior.

His whole IEP is a joke in my opinion. The school has written he will go to the resource room (special ed) AS NEEDED. He can use the mini trampoline and therapy ball AS NEEDED (he has never used it at all this year because they have no aide to walk him to the room to supervise him to use it.) The problem is AS NEEDED seems to be the schools standard thing to say it looks good on paper but he will never get those services - they just say he hasn't had the need yet to access the things listed.

My son refuses to use the items in the fidget box the OT threw together for him, because he doesn't know when he might get in trouble for what a teacher may feel is 'playing' with the items vs using them. He says no one reminds hm when his vest schedule time is so he hardly wears his weighted vest. The teacher said he does grab his headphones (which I sent from home) but he has recently complained they hurt his ears and make them hot. (Huge step there that he was able to tell me)

At this point I feel stressed out myself. And I wonder what is the point in me trying to take time off from work, lose pay, go sit at another school meeting to have them all tell me how wonderful he is doing and how they feel he can handle extended time at school when clearly he comes home stressed out. My son's doctor, therapists and I have ideas and recommendations that the school listens to and still they decide the only things he will get it what the school says.

The school does not see my son's rages. He does not have meltdowns there. He 'holds it together' because he feels he has to hide his frustrations or he is afraid no one will be his friend. (he doesn't have any "friends" who call or invite him to sit with them or play with them anyways.) His doctor said this isn't uncommon to only let it out where he feels safe.

When he struggles with classwork (be it that he doesn't understand it or needs a break from having to switch gears moving from one subject to the next so quickly, or if it requires imagination/creativity) He will sit there and stare at the paper. Then the teacher (including past teachers) will say he is refusing to do his work as if he is being defiant.

His doctor put a letter together that he needed frequent sensory breaks and an aide for transitions. The school pulled an aide for another student to get him from the drop off vehicle to the classroom and also to warm his pizza for him at lunch but he doesn't have an aide when he goes to his locker, to the restroom, or to class specials. Twice now in about 6 weeks he has been 'forgotten' inside the school building as the class walked to the other building where they have specials, lunch, and recess.... he ran out of the building himself.. alone... and caught up to the class in the parking lot! Yet they feel no need for an aide, and the only sensory breaks he gets are the fanny pack of fidgets he wears around his waist daily that are brought from home.

The teacher has said they tried a graphic organizer with him once but it only worked when she sat one on one with him. Thats how homework used to be. He could only complete it when I sat one on one with him to keep him focused. And even then there was much frustration and rage and destructive behaviors. So after over a year of that, I demanded homework be stopped. Still they will not give him an aide.

My son has been on 1/2 days of school for almost a year now. He is missing some academics completely. He does not have home tutoring from the school because he comes home so stressed out. The school refuses to give him additional supports or put him in special ed because they dont feel he needs it.

In addition to autism, my son is also diagnosed with a severe anxiety disorder. Yet my son's therapist said she feels the school's take on him is that he is a case of 'tough love'. There have been several occassions where the school has said and done things with my son that have provoked anxiety in him.

How can I force a change of placement for him? The school obviously can not provide what he needs for him to be able to function through a full day there. How do I get him the help he desperately needs?

[QUOTE=Karolysgirl]

Where are you located? A very small town in Ohio and yes I have looked into the autism scholarship program. The closest school that accepts it is about 30 miles away one way and I would have to provide the transportation which I simply can't do and still be able to work.

Does your district have an autism program? They only have a program for severely autistic. They have not been able to pass a levy in years, if that gives you any insight.

Some parts of your post are confusing to me- "they" (meaning you had no part in the decision???) Correct. I was told by his special ed teacher and guidance counselor thats the school had decided to put him in a self contained classroom for this school year... meaning he stays in the same reg ed classroom all day long... instead of him switching classrooms (and teachers) throughout the day like he did last year.

So is he still in self contained this year? Yes

And in his self contained class he is concerned about getting in trouble for using fidgets assigned to him  by the OT? Yes. Because all it takes for him to have anxiety is to get in trouble once and he carries that fear 'forever' and 2 years ago he got in trouble for 'playing' with a squeeze ball.. he also got in trouble for 'staring out the window daydreaming'

Does anyone in the self contained class have training in ASD, or is it this special ed teacher who has never had a student with autism? The only adult in the self contained classroom is the (reg ed) teacher who has never had an autistic student. As far as ASD training.. I doubt it. All I am told is the teacher meets the state requirements.

While I feel your frustration about the school not meeting his needs, he also needs to be AT SCHOOL for their services to help him.  If you cannot get him up to get him to school, have you sought medical help such as medicine to help regulate his sleeping? Yes. He has been on meds for sleep, mood stabilazation and anxiety for several years with monthly doctor visits to monitor his meds. 

Is the school refusing to give him the tutoring for the academics he is missing, or is he too stressed out to do the tutoring if they offer it? The school has not offered tutoring this year. Last year they offered but his doctor said No because of his stress level.

Sorry for all the questions.  I am just trying to fully understand your situation before I offer any advice on advocacy.  You can only advocate for the things that you can show your son needs, and that the school simply refuses to offer in any way.  So my questions are an effort to sort some of that out. No Problem. I appreciate any and all help I can get.

[/QUOTE]

Thank You for taking the time to read through all of this and being willing to try to help. I have had numerous  people involved. From an advocate in the area, to therapists that work with my son, and an attorney who didn't do squat except take money. I also had an independent educational evaluation done but it hasn't changed anything that the school is doing with him. In fact the special ed director kept reminding me that the independent eval suggested I get a family therapist involved. It wasn't easy to do given the area where I live has basically no supports. I finally got one though about 3 months ago and the therapist was going to the school once or twice a week to evaluate and the special ed director got mad. He refused to allow her to see my son's file though I had signed a release. (yes we know thats against the law) He then started to 'bully' her asking why she was coming all the time saying the school has parent advocates and asking where she got her credentials. She also wrote him a letter regarding my son and mentioned a meltdown he had here at home regarding school and his stress level and he said he had a hard time believing the meltdown ever occured. She told him it did.. she was here and witnessed it!

TZOYA in my son's last MFE it is stated that timed tasks increase his anxiety and negatively affect his performance. It also mentions that he would benefit from extra time, chunked work, less problems on a paper etc. However the school has never done these things for him other than to allow extra time for his state tests which he fell asleep during.

I also just want to state that my son is not falling asleep in class or refusing to get up because he is sleepy. He is sleeping about 10 hours a night. And with the same amount of sleep he doesn't get sleep or nap during the day on days off of school.

Also there is a noticable difference in his mood when he doesn't have school. His therapists have seen it. Problem is no one (professional wise) wants to stand up to the school for him because he isn't their only client and they don't want things to get adversarial. Although I work fulltime, I don't make enough money to hire an attorney. (My kids would qualify for reduced lunches if only they would eat them.)

             I'm to from Ohio and have some of the same issues. Expect my son's school started a new thing this year. His IEP states he will be taken out for all subjects Math, reading, writing but they refuse to do so this year. He is in all reg. ed. class and the Sp.Ed. teacher comes into the class for 10min's to help all students just not Sp.Ed. He is in 5th grade but on a pre-K reading and writing level and a 1st math level. They are giving him all 5th grade work and telling me that he is refusing to do work b/c he to will stare at the paper in front of him. I called an IEP meeting with all Supervisor and they would not budge. I was told give it a try and if it doesnt work they will take him out according to the IEP. Well he is failing everything, so I told them it wasn't working and they are refusing to take him into the resource room. The Sp. Ed supervisor is stating that this is b/c the no child left behind law. All kids are graded on standards and it is better for him if he is in the reg. ed class to caught any material possible. My question is, who is it better for? The school that is already failing and wanting there scores up or my son.  Jacob has been going to this school since K and there is some awesome teachers, his sp.ed teachers are all very good but it is his reg.ed teachers I've always had problems with. I looked into the Ohio autism scholarship the beginning of this year but there was no providers in my area. After teacher conferences I had a breakdown due to the reg. ed. teacher trying to tell me how i should raise my child since she knows it all about Pdd since her 4yr old was just dx. I told them my son was not to service anymore lunch detentions until it was cleared through me. His reg. Ed. teacher giving him it everyday b/c he can't write instructions down to tell me and he doesnt communicated them either. I stated his sensory seeking was getting worse b/c of the stress he is under and his reg.ed teacher said I should punish him for that. I feel for her 4 yr old son!!!! Anyways, I got online again looking for hope, anything!! Checking for schools, ready to move if I have to. I got back on the Ohio Autism Scholarship site and there it was a school right down the street from me.  Maybe, there will be one accepting it soon by you!!!!   

    I live in Springfield. Are we close?

TLadyVan39047.8161574074

I think with all of the people you have had involved it would feel overwhelming and easy to give up.  I agree lawyers generally suck up a bunch of money for little return.  Even if you do not feel you are making forward progress, continue to write down, date and document each item you have where the school is not doing their job.  While the Ohio autism scholarship is well and good, the fact is, that no matter what state you live in special education services are a FEDERAL responsibility, and the law says the service (if need is proven as in this case) MUST be provided. 

You may have a hard time arguing FAPE- the school is clearly making attempts (though feeble and innappropriate) to modify, and offered tutoring that was essentially turned down by you (your doctor).  I cannot advise you on anything other lawyers and advocates who know you and your son have not already advised.  I can offer support, and an inside working knowledge of "the system" as well as the research proven educational needs of people with autism.

Some things others have tried (I am not recommending or advising here, just informing...)

Write a bullet list of the things your son needs that the school is not giving (such as an autism teacher for one) and forward to your son's case manager, together with THE ENTIRE SCHOOL BOARD including superindendent.

Schedule a meeting with the superintendent to discuss why the needs have not been met yet.

Notify your local media, letting the newspapers and news stations know that the school is failing your son.

NETWORK with other parents (such as TLADYVAN) in your area because they know the best people to contact and the best way to push buttons in that system.

 

Finally, HANG IN THERE- no one else can do what you are doing.  Take the strength offered by this forum, and keep on posting and letting us know how things are going.

Yes, the "facts" here are a bit confusing.  If the child is experiencing anxiety, the solution is not to simply forgo education.  Half a day in school and no education at home is not the solution.  If the doctor thinks that home instruction is too anxiety provoking, what I see is that the child is in a situation while IN school that causes him so much anxiety that he has to come home and rest, not be taught.  That tells me that the school situation he's IN is the part that is causing the anxiety.  It seems that it would benefit this child for the school district to offer him a less stressful school situation. That way, he could either get a full day of instruction at school or he could tolerate the extra half day at home.  Frankly, if my child was so anxious about school that he couldn't attend school and all the adults in his life had already tried everything to fix the situation, I'd request antianxiety meds.  I know there are side effects to medication, but the side effect to not addressing this child's high anxiety is his not getting an education at all.  In my book, that's a TRAGIC side effect. 

Someone's mom -- You really need to get legal advice here.  It is INCUMBENT on the school to FIND an appropriate placement for your son.  Even if that means finding a private school that would be appropriate for him and paying for him to go there.  This situation is WAY beyond this board.  All I can say is that the school is legally responsible for educating your son and THEY have to find a way to do that.  If they are NOT doing it, a lawyer can show them how.

My confusion here- and maybe Someone's mom can clear this up- is that the school offered home bound instruction (tutoring).  While this is clearly HIGHLY restrictive, if the doctor is saying NO because instruction in the HOME is too anxiety provoking, what else can the school offer?

I realize as I listed before, the things that SHOULD have been put into place before the situation ever came this far.  But is the current situation one in which the school and home environments are both too anxiety provoking when trying to provide education?

I do not blame the child or the parent here.  The school clearly is either uneducated and inexperienced with ASD or they are deliberately trying to deny this child FAPE.  Either way, he is not getting FAPE.  If the current facts are that the child cannot tolerate (due to anxiety) education at home or school, another solution must be found.  I am trying to get the facts.

LRE DOESN'T WORK WELL FOR OUR SON. ALL WE HERE IS HOW NO PLACE IS GOOD FOR HIM. I CAN'T WAIT FOR HIS INDIVIDUAL RESULTS. ANXIETY IN MAINSTREAM IS WHY WE MOVED OUR SON. HE THREATNED TO QUIT SCHOOL ALSO. THEY JUST WANT HIM  MEDICATED IN MAINSTREAM THAT'S THEIR IDEA.

SE HEAR IS CUTTING BACK ON AIDS FOR KIDS.

Brent39049.849224537Karolysgirl -- I believe the problem is that the boy is NOT in the Least Restrictive Environment (see definition below), so he is NOT receiving FAPE.  Clearly, if he is not getting an education (mom states that he is missing certain academics ENTIRELY), he is not getting FAPE. A child with a disability is NOT required to conform to what is "available" in a school.  The SCHOOL is REQUIRED by IDEA 2004 to adjust the child's education INDIVIDUALLY so that he is in the "Least Restrictive Environment, defined as this:  "to the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and that special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."  Clearly, this boy is not receiving a satisfactory education in his current placement despite whatever supplementary aids and services the school has provided to date since he is missing out on academics and he does not even have an equivalent day length to the length of day of his non-disabled peers. That means, either further aids and services must be provided, or a decision must be made that the current placement is NOT working for this child and that a more restrictive placement (the LRE for HIM) is necessary.  If a child is not learning in whatever environment he's in for whatever reason, then he is NOT receiving FAPE.  Particularly now that IDEA 2004 has been aligned with No Child Left Behind and ALL children are being expected to reach grade level performance.  Of course, that may be a pipe dream for SOME kids, but a school district cannot be let off the hook until it HAS created an IEP that maximizes a child's ability to learn and, clearly, a boy of this age on half a day of school is NOT doing that.  Now, I'm not saying that the physician is wrong when he opines that the child has high anxiety.  The boy clearly DOES.  But that is a classic indication that the placement is wrong. Since the PLACEMENT is not one in which this boy can receive FAPE (efforts on the part of the District only count if they are successful in helping a child make progress.  IF the efforts fail, the District MUST keep trying until an appropriate IEP is in place that allows the child to make progress.  Close only counts in horseshoes), the District must FIND a placement in which the child can receive FAPE.  If the doctor is so concerned about the anxiety, perhaps he should be recommending medication.  Both the District and the doctor are currently merely describing the problem, not coming up with solutions.  ANd it's incumbent on both to come up with SOLUTIONS.  The fact that the boy is not learning is not the BOY's fault.  It is the fault of the school for not creating an IEP that allows him to access FAPE.  Any spec. ed. lawyer will tell you the same thing.  tzoya39049.2376967593

They HAVE denied him FAPE if they are not following his IEP.  ALso, they are in direct violation of Federal law if they have not included the parents in the decision for placement. Period.  You can keep your child in ANY placement by claiming pendency (stay put) and taking your district to a hearing.  If your child is on half days, they are denying him and education and ANY hearing officer in ANY state will come down HARD on the District for this. If you cannot afford an attorney or an advocate, go to the hearing yourself.  The Hearing Officer will most likely feel some sympathy that you are not represented and give you leeway to present as a lay person would. 

In the meantime, ask for all kinds of evaluations on your son. The district cannot refuse to do them.  Once they come back, refuse to accept their results and demand an Independent Educational Evaluation for each test.  The district HAS to pay for all these tests given by the professional of your choice.  This will start to cost them TONS because if they don't choose to pay, the law requires that THEY bring you to a hearing. Once THEY are the ones who call the hearing (which they are required to do if they deny you even one IEE) THEY will be the ones who will have to PROVE that they are in the right.  Not you.  You will then at least get in front of a Hearing Officer and be able to tell your story and have the HEARING OFFICER order the school district to fix this illegal situation. 

If you think your son is getting gypped, you are RIGHT. But the ONLY way to fight such gross misconduct is through the legal system.  District who behave this way do not have the child's best interest in mind, only their own.  And their own best interests are threatened when they get into the legal system.  Perhaps someone in Ohio can point you in the direction of getting the free advocacy advice that EVERY state is required to offer.  Or you can study up on the law yourself and figure out how to put the District's feet to the fire.  All I can tell you at this point is what you already know.  The District is behaving illegally (just the fact that they have kept you out of the loop and unilaterally placed your son in a situation you don't want him in and also have denied him half a day's education is WAY bad) and the ONLY way to get them to behave legally is to take them to a hearing.  There really is no other solution with a District that clearly does NOT want to do the right thing.

There is a lot to address in your original post.  I would advise listing out some questions that could be answered generally.  There are some points that can be given, but Tzoya is right, in this enviornment, it would be difficult to address them all.  So list some questions for us to answer generally.

Several things did stick out in my mind as I read.  First of all, if they have put him on 1/2 days for school, you have the right to request he get homebound services for the academics he is missing.  If you feel that you were not given any input into the decesion, which is against the law, you have the right to request his placement be changed.  All of this should be in written format presented to his case manager or administration and the school has to schedule an IEP meeting, at which time you request in writing that either he comes back to school all day, he stays at school long enough to get all academics, or he receives homebound services for the academics he is missing.  The school can not just say that your son will come to school from 8-11 and whatever he gets during those 3 hours is whatever he gets and everything else goes by the wayside.  That's against the law.

As far as his IEP stating AS NEEDED, I have always been told that is inappropriate to write.  It should be set forth in writing what those "as needed" times might be and then put a blanket statement such as "times including but not limited to" and then list out what behaviors would occur to get that accomodation.  Again, in writing, request an IEP meeting and again, in writing, request that part of his IEP to be changed.

The last thing that I guess stuck out to me was the fact that they have denied him an aid.  Going to middle school is a process for children like this, not an event that takes place in one day.  First of all, this transition needs to be addressed in the IEP.  Second of all, since he will be changing classes every period, request an aid, in writing. Make sure you keep a copy of all this stuff for your records when you submit something in writing or even if it is a phone call or face to face discussion.  Keep good records.  The fact that his enviornment is changing is a good reason to re-look at the need for an aid. He is going to need help with the transition every period and help settling back down after the bell rings.  Lots of children suffer from anxiety when they only have 3 mins to get from one class to another.  This is probably going to cause huge problems for him just with the anxiety. 

I had a student with autism who was going from elementary to middle school and he had an aid. He was not able to do academics, his goals were self help and functional academics.  Before this time, he could still receive instruction and help from his aid in the regular classroom some.  But when it came time to not have one classroom to set up in and the need to change every period came about, we started off the year having him pretty much stationed in the resource room and going to one class, then two and finally he was going into general classes most of the day.  He even got to where he didn't want someone helping him get to class and he did a pretty good job of doing it himself.  Everyone was shocked, as this was a child who was consider low functioning and had to do his own work when in the classroom because he couldn't do grade level work.  I think that if they could work out some schedule where your son is gradually transitioned into changing classes, that might be helpful.

It would take an awful lot as a parent for the school to convince me that they had no other appropriate placement for my child other than only attending school 1/2 days with no other services. 

I think that Tzoya is right.  There is so much to be addressed you, you are going to need help from someone who knows the law and knows your rights and your son's rights.  Of course, unless you know them and then it will be up to you to do the work at getting it all changed.  The least I would do if I were you would be to write out everything that I wanted addressed or changed by the IEP team, submit in writing for an IEP meething along with your list.  Have the IEP and make them address everyone of your questions or requests.  If you request for some of these things to be re-looked at they can not deny you that opportunity.  What they can do is continue to pull the wool over your eyes and that is where either you are going to need to know your rights or have someone with you who knows your rights and your son's rights.

Hang in there, there is hope. And I wish you a whole lot of luck. 

One more question, sorry.  When you say they decided to put him in a self contained classroom but it is a regular ed classroom, does that mean that he stays in the same regular ed classroom with the regular ed teacher all day instead of switching from one reg ed class to next like he has done before?

Also, ok I lied, more questions.  Where is the special ed teacher in all this?  It doesn't matter if they say the teacher, regular ed or special ed, meets the state requirements, the law allows for you son to have access to someone who is knowledgable of ASD and interventions and things that work and don't work. 

Also, if he has access to the OT box but feels he will get in trouble, someone clearly does not have any grasp on what ASD is and that if an OT has put this box together and it is written in his IEP that teacher isn't to say one word about.  Nothing negative that would allow your son to think he was in trouble.  That is crazy.

Ok, I'll get off my soap box for now. 

Tzoya and Wray, re-read the OP carefully and the responses to the questions, then tell me what you think about this.  The district offered tutoring because of the 1/2 day.  Her son's doctor said NO due to his anxiety.  IF the child's doctor is saying that he is too anxious to be instructed in his home, what exactly is the school district supposed to offer?

Now, I agree that the school district has NOT done their job.  The child SHOULD have had a full time aide, a special ed teacher, resource room assistance, and even a full time special ed classroom all available to him before things got this far.  However, I am trying to offer wise advice, and if the school has already offered tutoring at home, and the parent refused with the doctor saying the child's anxiety would be too high- what is the school supposed to offer next?  Residential perhaps-

I think if this parent requests evaluations (as suggested by Tzoya) and starts "from the beginning" in a due process sense, she will have a faster and better result than fighting that legal argument if the school can claim that her own doctor disabled their efforts to educate the child.

Thank You everyone for your support and advice.

Wray, as Karoylsgirl stated My son's Doctor is who said no to home tutoring for his missed academics. This was during LAST school year. His mental health was so unstable the doctor felt by adding tutoring hours at home would 1) invaid his only sense of security and 2) be "extending" his school day.  THIS school year nothing has been mentioned.

I do not feel my son is ready for extended school time as of yet. He is still stressed after school at home often going into rages. He isolates alot more than usual too. He still shows a strong resistance to getting up in the morning and has been falling asleep regularly in class.

He is not in middle school this year, but should be going to middle school next year. We are supposed to have a transition meeting for that in January but my question is when do we address THIS YEARS NEEDS?

My take on what is happening here is that the school is hurting for money. Because my son has a high IQ and holds in the frustrations rather than having meltdowns at school, the school feels he doesn't need any services from them. I feel the services they have listed on paper are to make things look good and to receive money from the state for some of the services. But the school doesn't want to pay for any services for him. The school will access an aide that was hired for a different student but will not provide him with one despite the doctor's recommendations. When asked though the school continually replies they are in the process of hiring additional aides. Excuse me but we are almost 1/2 way through the school year! WHEN will they be hired?

The school says special ed is not the place for my son because at any given time there are several groups going on at once and the distraction would be too overwhelming for him. (Like a class of 28 students isn't?) The school also says he doesn't fit in to the Emotionally Disturbed room there because he isn't going into rages or meltdowns in class and the school doesn't want him to pick up behaviors. So the only option left is to mainstram him, sink or swim. Which I feel is completely wrong. How can he be expected to function like his peers? Is he supposed to be able to turn off and on his disability?

As I previously mentioned, the only autism program in the county is for severely autistic. The nearest school fitting of him is about 30 miles away one way. I can not afford to quit my job to provide the transportation for him to go, as much as I would cut off my right arm to help him.

AM I wrong to feel this school obviously does not have the services he needs and that they schould be paying for a change of placement for him to go to a special autism program school? How do I force that change of placement?

[QUOTE=Wray]

When you say they decided to put him in a self contained classroom but it is a regular ed classroom, does that mean that he stays in the same regular ed classroom with the regular ed teacher all day instead of switching from one reg ed class to next like he has done before? YES

Where is the special ed teacher in all this?  The special ed teacher is (believe it or not) worse than the regular ed teacher. My son's therapist said she gets the feeling from the special ed teacher that my son is a case of needing 'tough love' She has provoked his anxiety on numerous occassions and said very inappropriate things to him.

Also, if he has access to the OT box but feels he will get in trouble, someone clearly does not have any grasp on what ASD is and that if an OT has put this box together and it is written in his IEP that teacher isn't to say one word about.  Nothing negative that would allow your son to think he was in trouble.  That is crazy. The sensory box issue started 2 years ago when he finally got a sensory box. It was suggested a year earlier by his previous teacher that had him for 2 years but that suggestion was ignored. The teacher that year said she had kids in the past who needed a sensory box but he didn't appear to need one. The same teacher would complain that he would hop run skip and jump across the class for and down the hall that he wasn't sitting still and refused to do his work. Hmmmmmm

The following year the sensory box was made about 1/2 way through the school year only because of constant pleading with the school by me and his therapist. The OT made it but I think she was offended that she was being made to do something she didn't want or feel she needed to do. Initially the box of fidgets was placed on the teacher's desk where he had figure out he was in need of a sensory item and then problem solve what to do to get it. (raise his hand and ask for permission) He didn't have these skills though the OT claims he mastered them at the end of the year and because he rarely used the sensory box claimed it wasn't needed. That years teacher also flat out told my son if she caught him playing with any of the items she would take them away. This is where he developed the fear of using the school's sensory box.

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[QUOTE=tzoya]

In the meantime, ask for all kinds of evaluations on your son. The district cannot refuse to do them.  Once they come back, refuse to accept their results and demand an Independent Educational Evaluation for each test.  The district HAS to pay for all these tests given by the professional of your choice.  This will start to cost them TONS because if they don't choose to pay, the law requires that THEY bring you to a hearing. Once THEY are the ones who call the hearing (which they are required to do if they deny you even one IEE) THEY will be the ones who will have to PROVE that they are in the right.  Not you.  You will then at least get in front of a Hearing Officer and be able to tell your story and have the HEARING OFFICER order the school district to fix this illegal situation. I just had an Independent Educational Evaluation done about a year ago that the school paid for, however the school refuses to go by the docotrs findings and recommendations and since the doctor can not be at the IEP meeting the school says they can't be sure of what the docotr's recommendations really are.

I know my son is due for his MFE towards the end of this year. In this case would another IEE help at all? I was told doing the tests too frequently can cause the results to be off because he may remember the material. What do I do in this case?

Also if they school takes me to a hearing is this something like the legal system where if you can't afford an attorney one may be appointed to you?

[/QUOTE]

If I can't force a change of placement to an appropriate autism school, how can I force the school to provide the services necessary for my son? I think the problem lies with his high IQ and passing grades since the school ignores what he can't do rather than teaching him.

Hi again Someone'smom,   I think asking for assessments is a good way to start getting your son changed to an appropriate placement.  Request ASD and communication specific assessments that have not been done yet. Try to focus on social skills, social communication, social understanding, sensory needs and problem solving skills.  Once they do the testing, they must report the results to you. THIS is where to be very clear- either the results of testing demonstrate his needs (on paper) or you request another assessment- period.  No arguing, no fighting, etc.  If you request the right tests, the needs should be clearly demonstrated.  If they are not- that is because a)the district used the incorrect person to do the assessment (such as someone without ASD experience) or b)because they are not reporting relevant results.  In case A, you request for the assessments to be done by an autism specialist, in case B you ask to see the testing protocols, share them with an autism consultant, and share relevant results with the team. If the team fights with you, request an independent assessment for every single test, which the school district cannot deny (by law) and will have to pay for.

Once you have clearly established needs (on paper) they MUST meet the needs, and this builds your legal case.

If you need to know which tests to request, there are several listed in this forum.  His IQ has no relevance in his educational need.  He has educational needs DUE TO ASD.  An IQ test is not even necessary.


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