Should the diagnosis qualify for IEP?? | Autism PDD

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IDEA 2004, the Federal law that governs Spec. Ed., requires that TWO things exist before an IEP is given:

1.  The child must have a disability, which is defined as an issue that interferes with one or more major life activity. Obviously, any ASD qualifies here.

2. That disability MUST negatively affect the child's ability to access a Free Appropriate Public Education, FAPE.  Areas of FAPE include academics (the easy one to see), functional skills (how to APPLY what's learned in the real world -- here is where social skills deficits go) and behavior management.  Your own state's regulation may include more things that can be considered, but cannot make it harder to qualify for an IEP than this.  The law does not state HOW far below the norm a child can be, although states can develop those standards themselves. Still ALL areas of disability MUST be considered.

 

If a child with a disability does not qualify for an IEP, he can still qualify for modifications and accommodations under a 504 plan. 

 

Since you are just beginning on the school journey, I would HEARTILY recommend that you buy the book FROM EMOTIONS TO ADVOCACY.  You can get it on Amazon or at www.wrightslaw.com

Yes--these days, and maybe I'm just getting old & forgetting, but the
social heirarchy sets by 1st grade--the foundation laid in kindergarten!!
You would not believe what some of these children have said to my dd
(NT), and the struggles she has had. She is in 1st grade, & I struggle to
make sure she doesn't get her self-esteem squashed at 6 years of age!
Recess & lunch--times with less supervision, less schedule & routine, &
MORE interaction--are very difficult for kids on the spectrum. They are
also required to sit at their desk for very long periods of time, there is
more order, & expectations are quite high in first grade even.

If you google "aspergers IEP" you'll come up with goals specifically for
social & behavioral areas. This may be helpful when you are
brainstorming for specifics of what your child would need in school. Like
mentioned above, document & identify all/any issues your child has,
whether with meltdowns, transitions, social skills, etc. Fight for an IEP.

I would pick up "From Emotions to Advocacy" the book tzoya
recommends. It has been THE guide for me, & really helped us through
the process. Also, look to the OASIS website, which is for Aspergers, &
you will find some help their with getting support from the school.I wanted to add--it is great how well he is doing, & I celebrate that with you!
And, also, it is diappointing, but very true, that schools tend to be reactive
and not proactive. So, yes, their typical mindset is to wait & see if/when the
child regresses or starts having major issues to provide services. I know
budgets & all have a lot to do with it, but as a parent, it is a very difficult
thing to deal with. Would your school be open to starting a social group?

Jacob has an IEP--since 3yo.

He is in 2nd grade now and the only areas he has on is behavioral/social and speech. Academicly, he is grade level.

I wonder if he will always have an IEP (I hope so!!). I know his behavior will get in the way of things, but every year is getting better.

The IEP targets only the areas that the child needs help in.What would the purpose of an IEP be---if nothing needs to be worked on?

Your son needs social. They should have a goal under social then.

I am being told now that Jason will have to undergo another MFE just before 6 years of age and if he doesn't have SIGNIFICANT delays (as in greater than a 2 standard deviation in at least 3 areas) then he will not qualify for any services past 6 OR an IEP??  They just said that if/when he slips behind enough then I can ask for another evaluation and that if he's delayed enough then they'd reinstate the IEP?  WTF??  So after all this work the past 2 years we just throw him in and just wait for him to fail??? 

How can that be??  Why doesn't a diagnosis count??  Is there anything I can do to fight this??

Sorry Sarah what's MFE?

Well - a diagnosis alone will no qualify a kid for an IEP. Only the
symptoms of a disability (like asd) that will impact a childs ability to
receive an appropriate education will qualify your kid for an IEP.
I would do my darndest to make sure he has an IEP because it will give
you a lot more power and possibilities as a parent. If your kid is not
expected to be behind developmentally I would still make a strong case
for having an IEP for behavioral issues that will impact his ability to learn.
Did Jason go to a preschool? Were there any issues of problems with
transition or meltdowns or zoning out or unsafe behaviors (like running)?
If so - get it documented and make the case that these behaviors are part
of his disability and need to get accommodated through an IEP. Don't let
them tell you that teachers will accomodate/deal with behaviors anyway
and that it does noot need an IEP. My ds had a teacher who refused to
accommodate and specifically told me that she could not even let him
have a fiddle toy without an IEP. Wheter that was true or not the point is
that here is zero accountability to you without an IEP. Thanks Micki I was just getting ready to say that. Dx means nothing if the sx (or need) is not there. Payne is autistic ... but he talks... so they don't think he NEEDS speech, but he walks on his toes - so he goes to PT, he has AWFUL fine motor skills (thought improving) so he gets OT.

Sorry... MFE is multi-factor evaluation... its a global developmental evaluation (ST, OT, PT, psych, behavior, etc)

Jason has no delays right now... he's 4.5 now and after 2 years of therapy... He's testing at a 7-8 year old level both receptively and expressively as well as cognitively.  He tests at a 6 year old level gross motor and at a 6.5 year old level fine motor.   He has no problem behaviors or sensory issues, he transitions fine, and pays attention well (with mild redirection occasionally).  Our biggest issues revolve around socializing wiht peers (does GREAT with adults now but is still awkward around peers... he tries... boy does he try... but other 4 year olds just don't care about numbers for some reason

He's doing great in both a specials needs AND a typical preschool... but I want to keep it that way!!  I am worried that if we drop the social skills groups (he's in 3... one led by a speech therapist, another by a behavioral/developmental specialist, and the third by a psychologist) that he'll fall further behind socially... which will ultimately cause problems behaviorally.  I am not worried about him academically... but there is WAY WAY WAY more to school than jsut academics. 

I'm in a similar situation, while Anthony is ahead academically it's not as far as Jason.  Although, Anthony does still require speech therapy.  He's in preschool now and they plan to fully mainstream him for kindergarten next year.  I had to fight with the social worker to keep 1/2 hour of social work per MONTH on this IEP. 

I feel the same way as you.  He may be doing fine now, at 5 years old, but what's going to happen when he's 12?  Heck forget 12, what's going to happen when he's 7?  My oldest NT son is 8 and in 3rd grade and the social heirarchy has been set since 1st grade.

mamajot39345.4483680556

Keep careful records of your son's needs.  Also, if they want to declassify him, DON'T AGREE. At least not until you get independent evaluations of him in ALL areas of suspected disability. If possible, get these evals on your own dime, because if THEY pay, those evals cannot be TRULY independent. Follow the money is always a good tact. 

Once a child qualifies for an IEP, it's harder to get rid of it. However, if a District wants to keep an ASD child from GETTING an IEP, they will often focus on JUST the academic issues. Parents often are SO glad their child is "on grade level" that they, too, fail to focus on all the areas where even the highest functioning ASD kids have issues -- social areas and language pragmatics.  The more evidence we parents have of our child's REAL issues, the less likely it will be for the District to deny them help. Sometimes a video of the child "acting autistic" is all it takes.


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