Denied evaluation for autism spectrum child at FCPS. Now what?

[Anonymous]

Anonymous wrote:Get an attorney and appeal, seek an eligibility for services review, whatever the process is in FCPS.

We are in MCPS and were originally told in K-1 that our child must fall 2 grade level behind before they would consider him for a 504 or IEP. Funny, the law does not make that distinction. So there he sat, sent to the office, 4 days a week. Years have passed, but what a nightmare. It got worse before it got better, but without professional help, we would not have gotten there.

Please, people, when you are told something like this -- "your child must fall 2 grade levels behind before [being] considered for a 504 or IEP" -- document this in writing and make a formal written appeal to a special ed authority outside of the school. You can do that by hiring an attorney and filing, by proceeding to mediation (probably advisable to have an attorney or advocate for that) or simply writing a complaint to the county-wide supervisor for special ed or 504 plans. In MCPS the names and emails of these supervisors can be found on the MCPS website.

It is ILLEGAL to deny special education to a child on the basis that they are "not failing" or not falling behind by a particular amount. A child can be eligible for special education EVEN with GOOD grades and ON or ABOVE grade level achievement. However, one must show the "adverse impact" of the disorder and the need for special education. Adverse impact is NOT an evaluation based on grades alone. Special education in a particular area may be necessary even when overall grades are good. For example, if a child experiences anxiety or self-esteem issues because he/she is not able to perform at his ability level (even when higher than average) or must take much longer or work harder to produce acceptable work, that would be a sign of adverse impact. Special education might be necessary to improve specific skills (whether academic or management of emotions or explicit teaching of executive function skills).

If it is not documented in writing, it did not happen. Too often schools say these kinds of things, but complaints are not made outside of the school. Properly documented complaints to the heads of special education departments can result in reversal of the in school decision. Repeated complaints on the same theme -- our school-based team says Johnny can't have an IEP until he is behind 2 grades -- warns upper leadership about impending legal liability and, over time, can result in systemic change.

BTW, please support burden of proof legislation in Maryland if you want to see broad systemic change legislated. www.burdenofproofmd.org

[Anonymous]

Anonymous wrote:

Anonymous wrote:Get an attorney and appeal, seek an eligibility for services review, whatever the process is in FCPS.

We are in MCPS and were originally told in K-1 that our child must fall 2 grade level behind before they would consider him for a 504 or IEP. Funny, the law does not make that distinction. So there he sat, sent to the office, 4 days a week. Years have passed, but what a nightmare. It got worse before it got better, but without professional help, we would not have gotten there.

Please, people, when you are told something like this -- "your child must fall 2 grade levels behind before [being] considered for a 504 or IEP" -- document this in writing and make a formal written appeal to a special ed authority outside of the school. You can do that by hiring an attorney and filing, by proceeding to mediation (probably advisable to have an attorney or advocate for that) or simply writing a complaint to the county-wide supervisor for special ed or 504 plans. In MCPS the names and emails of these supervisors can be found on the MCPS website.

It is ILLEGAL to deny special education to a child on the basis that they are "not failing" or not falling behind by a particular amount. A child can be eligible for special education EVEN with GOOD grades and ON or ABOVE grade level achievement. However, one must show the "adverse impact" of the disorder and the need for special education. Adverse impact is NOT an evaluation based on grades alone. Special education in a particular area may be necessary even when overall grades are good. For example, if a child experiences anxiety or self-esteem issues because he/she is not able to perform at his ability level (even when higher than average) or must take much longer or work harder to produce acceptable work, that would be a sign of adverse impact. Special education might be necessary to improve specific skills (whether academic or management of emotions or explicit teaching of executive function skills).

If it is not documented in writing, it did not happen. Too often schools say these kinds of things, but complaints are not made outside of the school. Properly documented complaints to the heads of special education departments can result in reversal of the in school decision. Repeated complaints on the same theme -- our school-based team says Johnny can't have an IEP until he is behind 2 grades -- warns upper leadership about impending legal liability and, over time, can result in systemic change.

BTW, please support burden of proof legislation in Maryland if you want to see broad systemic change legislated. www.burdenofproofmd.org

PP you are quoting. And yes, we did exactly that after going along with the school's suggestions by hiring all kinds of services and trying to fix everything...when it turns out it was the environment at school that needed to be fixed (via accommodations). Still took months and months to shake out, but hiring a lawyer was the only thing that got us untangled, and dealing with county-level staff instead of just the local school.

[Anonymous]

I just read your other thread. PPs are correct that being on grade level or not below average enough are not sufficient reasons for denying an IEP. A child can also be eligible for an IEP even if there are no academic goals. As many of us know, the school system does not always do what it 'can' do. We hired a consulatant/advocate (instead of an attorney) when the LSC declined to evaluate our DC even though we had tons of private evaluations documenting delays and deficits. It makes a significant difference when you have someone with expertise in this area. Well worth the money. You can also, as a PP on the other thread noted, read up on it yourself - starting with Wrights Law. For me, I lacked confidence to do it so I 'purchased' my piece of mind. Hugs.

[Anonymous]

Anonymous wrote:I just read your other thread. PPs are correct that being on grade level or not below average enough are not sufficient reasons for denying an IEP. A child can also be eligible for an IEP even if there are no academic goals. As many of us know, the school system does not always do what it 'can' do. We hired a consulatant/advocate (instead of an attorney) when the LSC declined to evaluate our DC even though we had tons of private evaluations documenting delays and deficits. It makes a significant difference when you have someone with expertise in this area. Well worth the money. You can also, as a PP on the other thread noted, read up on it yourself - starting with Wrights Law. For me, I lacked confidence to do it so I 'purchased' my piece of mind. Hugs.

Attorneys cost money. Depending on the level of intervention needed, it may be a better course to spend the money on private therapy.

[Anonymous]

OP here. Thank you to everyone for the feedback. It is SO appreciated.

I spoke with my spec ed friend who read through the paperwork they gave me and said, it doesn't add up, the accede to autism and social deficits, but not only are they declaring him ineligible, they are saying they don't even want to bother figuring out if he's eligible.

A question that has come up over the day, is what kind of service would I be hoping for him to receive. I was thinking a paraeducator in the classroom, but spec ed friend said it would probably be pull-out for 1st grade, and someone brought up at the meeting yesterday that it wouldn't be beneficial for him to miss instructional time if he's pulled out of the class. So, yes, that's true. I would rather him not miss anything, but I also believe the school should support development of social skills. They also said if he already feels different, it would differentiate him even more to be pulled out of class.

So I will fight any battle I have to for him, but I want to make sure this battle will benefit him. Spec ed friend also didn't think private evaluations were necessary as I already had the diagnosis of the developmental pediatrician, but if this private testing will provide a stronger case, I will move forward. I will say I once made an appt at Children's (before we got appt with dev. ped) and the next one was 8 months in the future, so we took the latter.

[Anonymous]

OP,

I think you need to think through what his needs are and ask for specific supports to meet the need. For example, you mentioned he needs help with social skills. An aid isn't going to help him develop better social skills; a social skills group would be a better option. Pull outs for OT for example also might be worthwhile if in fact he has fine motor needs. Good luck with this b/c I know it's daunting.

[Anonymous]

I think it's easy to give up or backpedal about getting supports for kids with Asperger's b/c many don't need academic help or have behavioral issues but I will tell you that school is so much better with an IEP: It's not just getting services but having a supportive nurturing environment - and yes, that's possible at a public school.

The only pull-out for my kid with AS is social skills group, 1x wk for an hour. He gets OT push-in, in the classroom. He does not need a para. His classroom has a Sp Ed teacher who splits her time between it and another classroom.

Also, it's generally harder to get an IEP the older your child gets, not to mention the yrs of services and supports you missed out on that your child is legally entitled to.

Best of luck to you OP!

[Anonymous]

16:57 Good point. I'm not really certain of what he "needs" because, as you said, it is daunting. He's my oldest so it's been difficult to gauge what's typical and atypical until my younger NT son does something and it occurs to us that the older one is not typical. Speech delay as a toddler, for example, wasn't so alarming to us because we had no one to compare it to. DH was in serious denial after I began to suspect DS was different, and would just say, "So what if he's quiet? So what if he's this way? Why can't he just be quirky?" It doesn't occur to me that his handwriting is atypical until the teacher points it out. I was chided throughout his preschool years for accommodating his strange food preferences and aversions and was accused of coddling him for bringing his beloved liverwurst sandwich in place of the pizza that would make him flip out.

He's also very different at home because he's comfortable and has two younger siblings to play with, so I don't see the deficits daily, only when we are at a playground or some public place and can't deal. Once you know that certain situations will be a challenge, you fall into the pattern of just going places you know will not be crowded to avoid the issues. Even private playdates can turn disastrous when the friend does something to displease him in someway, and then drama or pushing or whatever ensues.

So, yeah, I need evaluations by professionals to tell me what help and support he needs in order to function in life. He's also going to need to engage in school and participate in that community in order to be successful throughout his education.

[Anonymous]

Anonymous wrote:I'm not really certain of what he "needs" because, as you said, it is daunting. He's my oldest so it's been difficult to gauge what's typical and atypical until my younger NT son does something and it occurs to us that the older one is not typical. .......

So, yeah, I need evaluations by professionals to tell me what help and support he needs in order to function in life. He's also going to need to engage in school and participate in that community in order to be successful throughout his education.

13:51 here. This is why I recommend a consultant/advocate to help rather than an attorney or more evaluations. The consultant we used was a former principal/gen ed/spec ed teacher. She helped us understand what our DS's strengths/challenges and what we should and should not expect of the school. It's really hard to know what's typical and what you should expect. With assistant from our consultant, we've developed excellent IEPs that include social, attentional and organizational goals. We still do private therapy but it's great getting additional assistance at school.

You mentioned earlier about not wanting your DS to have pull out services - about not wanting him to miss instructional time. I gently suggest you re-think this. First of all, it's just early elementary. Your DS isn't likely to miss much. At this point, he's likely to be envied that Ms. Larla comes to get him twice a week. My NT DD was wistful of the time her brothers and the kids in her class that got with Ms. Larla. Also, the kinds of skills deficits he has aren't likely to benefit as much from push-in services.

[Anonymous]

FCPS will not grant OP's child who they acknowlege has ASD an IEP so talking about what he "needs" (if she wants the school to provide it) is putting the cart before the horse.

Get a lawyer.

[Anonymous]

Anonymous wrote:I'm confused. I read the other thread and As I understand it, you have a child with a diagnosis of autism. Why can't you present the diagnosis, get an IEP and ask for goals, services and accommodations for his social needs? What am I missing here?

Because a diagnosis doesn't automatically qualify you for services through the school. The school has to find that the diagnosed issue is having a "significant academic impact" which can be a high bar. If the child has the diagnosis but is even just holding his own in the class room often services are not available.

[Anonymous]

Anonymous wrote:OP here. His report cards are "fine." At the elementary level, they do a 1 - 4 scale, so he has mostly 3s & 4s (the highest), with a few 2s thrown in here and there. On grade level for everything, a decent NNAT score, so not on anyone's radar for academic intervention. I am so, so grateful that academics are not a concern (yet). This is only first grade, though. I do see signs of attention and focus issues when he's doing his homework and has trouble sitting for ten minutes and write a few sentences about George Washington, or when he brings home papers that are illegible or scribbled, and I know he wasn't able to focus. Maybe that's typical of most first graders?

So, yes, I get that he doesn't need academic interventions, but as I understand it, the school can provide ABA, social skills training, maybe some OT if his core muscles continue to be a problem. The kids with physical disabilities receive OT through the school, though this isn't academic. My insurance will only provide ABA for kids aged 2 - 6, so private isn't an option unless we pay out of pocket. I have a special ed teacher friend who encouraged me to initiate the process by explaining how a paraeducator would provide social support in the classroom and it sounded like a godsend. I feel it would help him tremendously, as school is 60% of his day. I'm still not certain what support I should be asking for or expecting, so it's difficult to find my voice to advocate for it.

I will call Children's today, talk to my spec ed friend, and continue to read all that I can. Thank you so much, everyone, for your help and advice.

This is why the school isn't offering - it's that "significant academic impact" piece. They don't give services including evaluations, ABA, social skills etc. until there is an academic impact.

[Anonymous]

We're in MoCo and my DD gets speech for 1/2 hour twice a week and OT twice a month. But just as valuable have been the classroom supports she gets from the IEP - for example, she is seated near the teacher, or in the front, she gets visual cues, extra time for her work and repeated instructions (she has a processing delay).

It's really quite hard to get a para educator, from what I understand, even when the school acknowledges learning challenges, but maybe some support in the classroom similar to what my DD gets would benefit your DS. Our school doesn't have a social group but I think the IEP can specify social goals, which would basically involve the teacher being aware of your DS's social challenges and gently facilitating connections and interaction. Also, if your son has low tone or weak core muscles, some OT would definitely be beneficial - though they do focus only on issues that directly impact your child on the classroom, like handwriting, etc.
Sometimes they address social issues by doing an OT group instead of one-on-one.

So even if your DS isn't eligible for an aide, there are certainly supports that can be put in place to support him.
My DD is also on grade level but would struggle so much more without her IEP.

[Anonymous]

Anonymous wrote:

Anonymous wrote:OP here. His report cards are "fine." At the elementary level, they do a 1 - 4 scale, so he has mostly 3s & 4s (the highest), with a few 2s thrown in here and there. On grade level for everything, a decent NNAT score, so not on anyone's radar for academic intervention. I am so, so grateful that academics are not a concern (yet). This is only first grade, though. I do see signs of attention and focus issues when he's doing his homework and has trouble sitting for ten minutes and write a few sentences about George Washington, or when he brings home papers that are illegible or scribbled, and I know he wasn't able to focus. Maybe that's typical of most first graders?

So, yes, I get that he doesn't need academic interventions, but as I understand it, the school can provide ABA, social skills training, maybe some OT if his core muscles continue to be a problem. The kids with physical disabilities receive OT through the school, though this isn't academic. My insurance will only provide ABA for kids aged 2 - 6, so private isn't an option unless we pay out of pocket. I have a special ed teacher friend who encouraged me to initiate the process by explaining how a paraeducator would provide social support in the classroom and it sounded like a godsend. I feel it would help him tremendously, as school is 60% of his day. I'm still not certain what support I should be asking for or expecting, so it's difficult to find my voice to advocate for it.

I will call Children's today, talk to my spec ed friend, and continue to read all that I can. Thank you so much, everyone, for your help and advice.

This is why the school isn't offering - it's that "significant academic impact" piece. They don't give services including evaluations, ABA, social skills etc. until there is an academic impact.

The correct wording is "educational impact" not "academic impact". Big difference. "Educational impact" includes relating to peers and being engaged in the classroom and not just academics and grades. As pp have pointed out, it is illegal to require that a child be behind academically as a condition for an IEP as long as it can be shown that the condition has an "adverse impact" and hinders the child from "accessing the curriculum".

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Get an attorney and appeal, seek an eligibility for services review, whatever the process is in FCPS.

We are in MCPS and were originally told in K-1 that our child must fall 2 grade level behind before they would consider him for a 504 or IEP. Funny, the law does not make that distinction. So there he sat, sent to the office, 4 days a week. Years have passed, but what a nightmare. It got worse before it got better, but without professional help, we would not have gotten there.

Please, people, when you are told something like this -- "your child must fall 2 grade levels behind before [being] considered for a 504 or IEP" -- document this in writing and make a formal written appeal to a special ed authority outside of the school. You can do that by hiring an attorney and filing, by proceeding to mediation (probably advisable to have an attorney or advocate for that) or simply writing a complaint to the county-wide supervisor for special ed or 504 plans. In MCPS the names and emails of these supervisors can be found on the MCPS website.

It is ILLEGAL to deny special education to a child on the basis that they are "not failing" or not falling behind by a particular amount. A child can be eligible for special education EVEN with GOOD grades and ON or ABOVE grade level achievement. However, one must show the "adverse impact" of the disorder and the need for special education. Adverse impact is NOT an evaluation based on grades alone. Special education in a particular area may be necessary even when overall grades are good. For example, if a child experiences anxiety or self-esteem issues because he/she is not able to perform at his ability level (even when higher than average) or must take much longer or work harder to produce acceptable work, that would be a sign of adverse impact. Special education might be necessary to improve specific skills (whether academic or management of emotions or explicit teaching of executive function skills).

If it is not documented in writing, it did not happen. Too often schools say these kinds of things, but complaints are not made outside of the school. Properly documented complaints to the heads of special education departments can result in reversal of the in school decision. Repeated complaints on the same theme -- our school-based team says Johnny can't have an IEP until he is behind 2 grades -- warns upper leadership about impending legal liability and, over time, can result in systemic change.

BTW, please support burden of proof legislation in Maryland if you want to see broad systemic change legislated. www.burdenofproofmd.org

PP you are quoting. And yes, we did exactly that after going along with the school's suggestions by hiring all kinds of services and trying to fix everything...when it turns out it was the environment at school that needed to be fixed (via accommodations). Still took months and months to shake out, but hiring a lawyer was the only thing that got us untangled, and dealing with county-level staff instead of just the local school.

Very glad to hear your experience turned out better in the end PP, although, of course, I'm sorry that it took time and money. FWIW, I'm not so sure it was clear in my post that one can copy or get in touch with the supervisory level special ed staff outside of the school without having to hire a lawyer. We did that in our case and it resulted in an immediate reversal of the school's decisions.