Strange Question

iVillage Member
Registered: 04-07-2003
Strange Question
6
Wed, 11-08-2006 - 4:24pm

Ds has a friend (acquaintance) in his classroom whom we recently discovered is also AS -- or at least that's what the school claims after their evaluation. The parents think the diagnosis is wrong and want that diagnosis and the accompanying accommodations removed. I've only had a few brief conversations with the mom as we've waited for our kids after school, so I don't have all the info yet. I think the mom thinks ADHD and maybe something else, but she thinks the school's diagnosis and accommodations are all wrong for her ds needs, and they've never had a medical doctor suggest anything along the lines of AS. The parents are having a hard time getting that diagnosis removed from the school, and the school is telling them they have to prove he DOESN'T have AS. I don't know the kid well enough to suspect one way or another (tho' he's definitely a different personality than my ds -- this boy is constantly in motion and very talkative, tho' it's usually about something sweet he wants to do to help someone). Can the school really do this? How do you go about removing an IEP you don't agree with, don't want, etc?

iVillage Member
Registered: 09-13-2006
In reply to: hwife
Wed, 11-08-2006 - 10:24pm

Well, first of all, I don't think the school can diagnose anyone.

iVillage Member
Registered: 03-26-2003
In reply to: hwife
Thu, 11-09-2006 - 12:13am

If the school though does have an IEP or even if they in good faith believe a child is a child with special needs but the parents disagree then they have the obligation in the child's best interest to take the parents to due process.

The school must have already had permission from the parents to evaluate the child and place him on an IEP in the first place. Now later if the parents are not in agreement with the school then they have to go through the same process that we do for other disagreements and that would be mediation and due process. If a school truly believes a child is a child with special needs and has the testing they cannot legally just stop treatment and services. So in effect the child has to be re-evaluated and found to no longer have special needs. Until such a time as a new plan or lack there of is agreed upon the stay put rule is in effect (though that has changed some and the new one confuses me a bit) but in the past that meant the old IEP was in effect until the school and parents are in agreement about changing it.

A school can't give a medical diagnosis but they can give an educational one, which is what they have done to provide special education and related services. It is very rare that you will find a school that wants to provide services for a child that doesn't need it. Usually it is the opposite (no?). Often in this particular case unfortunately what you have is parents who may be in a bit of denial. Or perhaps the child doesn't have ASD but another special need but the part that makes me think denial is they want the accomodations removed.

However, the steps the parents need to take is not that different than when we are requesting services. They would have to request a new evaluation for thier son to determine if he is no longer a child with special needs. If the evaluation has been done fairly recently they may be able to request an independent assessment if they feel the district assessment is inaccurate. Other than that they may need to provide an outside assessment from a licenced independent assessor that states he is not a student with special needs.

Perhaps that makes no sense, but the school in this case isn't that far off base.

Renee

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iVillage Member
Registered: 06-30-2003
In reply to: hwife
Thu, 11-09-2006 - 10:06am

The parents would have had to sign consent for the evaluation to begin. If they disagree with the eligibility criteria, then they have the right to request an independent evaluation and the school has to pay for that.

To request the independent evaluation, they need to write a letter to the special ed supervisor. The supervisor will make it seem like they won't pay for it, but they have to pay for it.

iVillage Member
Registered: 06-30-2003
In reply to: hwife
Thu, 11-09-2006 - 10:10am
One other thing about ADHD, sometimes kid on the spectrum have this additional label. I reject the ADHD label for my son because spectrum kids often have an executive function disorder. I consider my son's poor impulse control to be a result of autism and not as a separate issue.
iVillage Member
Registered: 04-07-2003
In reply to: hwife
Thu, 11-09-2006 - 12:31pm
Thanks all. I guess I'm not completely sure myself what's going on, but I get the idea that the parents DID want an evaluation and accommodations made, but that they got a "diagnosis" that they disagree with and accommodations that are inappropriate. For instance, when her ds has meltdowns, the parents have requested that they be called to come calm him (5-min away from school), but the school insists on trying to handle it their own way which always escalates the problem and ends up making everything worse. I don't think the parents have signed anything saying they agree with the IEP, and they can't get the school to work with them. It makes me soooooo glad my ds problems aren't worse, so that I don't have to find out for myself how difficult it can be to work with the schools, especially if you have a disagreement with how they are handling the problems!
iVillage Member
Registered: 03-26-2003
In reply to: hwife
Thu, 11-09-2006 - 6:27pm

Well, that is different.

I thought they didn't want the IEP at all. If they disagree with the services as stated in the IEP and they haven't signed then what they should do is perhaps file for mediation or due process if they cannot come to agreement with the school. Mediation really is not that scary of a prospect. Both sides meet with an independent mediator who helps them work it out. Typically that works in most cases. If not then it can go onto due process if neccessary and at that time they may want to hire an attorney or advocate if it is that serious.

It would be very hard to know what they right steps to take are from afar, what they really should do in this case is likely hire an advocate or educational consultant to help them. They could also get one of the Wrightslaw books or all of them. I particularly want "From Emotions to Advocacy".

Renee

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