My daughter will be starting a special ed preschool in the fall. At her intake meeting the school rep questioned her dx. I was later told that the school had the right to refuse services if they didn't agree with her medical dx. Is this true? Can they decide that she is fine despite three doctors having dx her. I live in indiana and have no idea what my rights are. Any help would be appreciated. ThanksIt sounds like you are going to need an advocate. Please get a copy of Wright's law. It is VERY helpful. BTW - No, they can't excuse your medical dx for their own opinion.
Education law is separate from medical dx's. Dx's are evidence that a child is disabled, but the disability has to have an "educational effect." That effect can be academic, developmental or behavioral. It is incumbent on the parent to present evidence to the IEP Team that the child's medical dx disables him to the point that he cannot access an appropriate education without the special supports and services provided in an IEP. However, any child with a disablity (and a medical dx of an asd qualifies) can get a 504 plan. This is usually inadequate for autistic kids, but it's a start and can provide some help if you find yourself fighting to get an IEP. IEP's are partially reimbursed by the feds, 504's are not, so it's better for the District to provide services thru the IEP. However, then they know the parents have more procedural safeguards, so it give parents more power. Power and money. Isn't that what all of life is about?
Anyway, here is the Federal definition of educational autism. Your child just has to fit into it:
(1)(i) Autism means a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age 3, that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. The term does not apply if a child's educational performance is adversely affected primarily because the child has an emotional disturbance, as defined in paragraph (b)(4) of this section.
Although getting and advocate or lawyer is a very good thing, parents also have to know how to advocate for their children. A great book to help is From Emotions to Advocacy Also, sign up for newsletters from www.wrightslaw.com, the publishers and authors of this and other excellent material. YOu really have to become familiar with IDEA 2004 as well as your state's regulations.
BTW, if your district does not agree with the doctor's dx, ask that they pay for you to take your child to ANOTHER doctor OF YOUR CHOICE for a second opinion (IEE). This will cost a couple of thousand dollars and they know they'll be stuck with an IEP in the end anyway. Sometimes you have to sweetly hit them in the pocketbook. I heard a story once that someone in the IEP meeting stood up and said, "This kid is just CRAZY!!! He needs his head examined!" The advocate then said, "I guess this means he needs to have a full psychiatric examination as well as a neurological one to rule out any form of mental illness." The District ended up paying THOUSANDS for those tests and the child got the IEP. Good to try to turn lemons into lemonade. That's what a good advocate can do.
I swear by the resources at Wrightslaw -- www.wrightslaw.com . Their online newsletter is available for free and their website is like a Wish Book for special education. Just type any topic of interest in their search engine and it'll come up with all kinds of articles. Also, you should purchase 2 books from them: Special Education Law, Second Edition http://www.wrightslaw.com/bks/feta2/feta2.htm and From Emotions to Advocacy, Second Edition http://www.wrightslaw.com/store/feta.html These are the best guidebooks around.
Also, go to your state ed website or call state ed and ask for a copy of your own state's regulation of the federal special education law, IDEA 2004. All states have to give the rights written in IDEA, but many states give more rights, so it's worth understanding what your state says about special ed.
I'd also join the local chapter of the Autism Society of America. Get their newsletter and become aware of workshops in your area. With two disabled children, your time is limited but sometimes it's worth going to good advocacy workshops.
Trying to carve out some child-free time is also critical. I do that by getting up earlier than anyone else. Become as involved with your child's school as possible. If there's Special Ed PTA there, join it. Yes, all of this takes time and you may not be able to do it all, but do some of it. Also, come here and read ever day, even if you don't post. You can also use the search feature at the top of the page to see tons of past posts on a particular topic. I've been involved in the special education world since 1993, which is why I have a lot of info. It takes time.
j&g's mom:
I drove through Warsaw on way to Columbus for a camp last summer!
IU is down I65, 3 1/2 south of me. Do a search on Dr. Cathy Pratt, I've seen her speak a number of times and she is Director of the Indiana Resource Center for Autism at the Indiana Institute on Disability and Community located at Indiana University. Dr. Pratt serves on the Advisory Boards of Maap Services, Inc., Autism Society of Indiana, serves as Chair of the Board for the National Autism Society of America. In her presentations she always encourages email questions.
Also look at ipin.org (Indiana Parent Information Network, Inc.), an advocacy group for parents which supplied me with great info for IEP meetings, what my Indiana rights were, etc. They could point you in the right direction as well.
I live in Indiana as well and after a neuro-psych eval (20 pages) giving dx of AS (with other things) I wanted his primary label changed to Autism instead of Emotional Disability. The school insisted on doing their own evaluations, IQ tests, etc with the school psych even though I have paid thousands for my evals. The dr. did come to the same conclusion and then some! Where in IN are you? Indiana University has a huge autism community/center. [QUOTE=TwinsPB] Where in IN are you? Indiana University has a huge autism community/center.[/QUOTE]