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

[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.

Again, the issue in IEP evaluation isn't whether there is a "significant academic impact" that is being demonstrated by overall grades or on level status. The law does NOT require a child to be "behind" or have "bad grades". Attention and focus can impact a child's ability to "access the curriculum" and demonstrate skills. It is commonly known that a bright child may have such a large strength in a particular area, that he/she is able to compensate for weaknesses in other areas and end up with "average" grades and be "on grade" level. But, the law specifically allows for children in this situation to receive special education even if there is no "academic impact" in the sense of grades.

[Anonymous]

Anonymous wrote:

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.

It doesn't cost money to complain or appeal to special education supervisory personnel outside of the individual school. Write a letter or appeal to the county-wide superintendent for special ed (for an IEP) or to the county-wide 504 supervisor (a position every county is mandated to have under the law, I believe). Frame your complaint/appeal in terms of the law -- disorder, adverse impact, need for special education, and the decision the school made and why it's legally inappropriate, provide citation to law (use the ed.gov website for IDEA cites or the school or state's own material on IEP and 504 plans). It's free, and the worst case scenario is that they also tell you no.

We did this and it worked for us. Worth trying at least.

[Anonymous]

It's pretty amazing that they suggest ABA but think he's not eligible for any supports at school. I would definitely appeal.

Schools do what's easiest for them, not necessarily what's right for the child.

[Anonymous]

Ok, so I'm looking at this appeal form: http://www.fcps.edu/it/forms/se130.pdf and the options are administrative review, mediation, or due process hearing. When do you use which option?

[Anonymous]

Anonymous wrote:Ok, so I'm looking at this appeal form: http://www.fcps.edu/it/forms/se130.pdf and the options are administrative review, mediation, or due process hearing. When do you use which option?

Since this is your first appeal use "administrative review".

[Anonymous]

Ok, so I'm sending the administrative review. Should I email principal, AP, spec ed or anyone to let them know, or just send it straight to the Due Process office?

[Anonymous]

You can notify the people at school as a curtesy but it's not necessary.

Good luck! Hope it all works out for your child.

[Anonymous]

OP here - just an update. I submitted the Notice of Appeal last week, selected mediation and administrative review. I also scanned it and emailed it to principal, ap, school counselor, and head of spec ed to let them know I was appealing. Did not hear one word from school, but someone from Due Process called me the next day to say she would investigate.

She called back a week later to tell me LSC would like to invite me back for another meeting. They were "so surprised and had no idea that I was so concerned." Are you f-ing kidding me?

So, new meeting is this week and DH will attend with me. I suspect they will tell me evaluation will proceed. DH has the heads up he will need to restrain me if they waste another hour of my life trying to justify their decision not to evaluate.

[Anonymous]

OP, if social skills is the main goal you need to determine just how severe his lack of social skills impact his educational day.

With an IEP, there would need to be specific goals such as "Johnny will greet 3 people in a week." These goals can then be monitored.

If you think you dc needs more general social skills help, ask the guidance counselor if she would set up a social skills group. We don't have a 504 or IEP for my dc but the guidance counselor agreed to set up a group with a few other kids from class and they met once a week during lunch, so no classroom time was missed. They went over things like personal space, manners, etc.

My dc enjoyed it and it was enough for him.

[Anonymous]

I've been asking for a social skills group for 2 years, and it has not happened. Counselor did arrange for a 6th grade "mentor," which I'm not sure what the overall idea was. He met with this boy for about 20 minutes/week and they would play games, but that has fizzled out.

I honestly don't know how his social issues will affect his ability to access the curriculum. I'm not with him at school. I have no idea how he is with his classmates and what kind of activities the teacher has them do. Maybe they don't do a lot of group work now, but he will be expected to at some point.

[Anonymous]

We get social skills under "Speech" in the IEP. Speech therapy includes pragmatics and DS has pull outs once a week for an hour with a speech language pathologist and a NT classmate currently. Other times, it's been with a group of kids - mainly in prek.

DS has been getting social skills classes since he was 4 in prek at a mainstream school. DS has ASD/Asperger's. DS has no academic or behavioral issues and we have never had to show how DS's ASD and social impairment keeps him from "accessing the curriculum" b/c it's obvious.

[Anonymous]

OP here - Update!

Evaluation to commence. This was a week after filing an appeal with due process, which was resolved with mediation.

[Anonymous]

Anonymous wrote:If he's doing fine in school, they are not obligated to do any testing. You can do it, and use any results you get to support your claim that your kid needs special services.

Bzzzzt.

There are indeed obligated.

[Anonymous]

Anonymous wrote:OP here - Update!

Evaluation to commence. This was a week after filing an appeal with due process, which was resolved with mediation.

Awesome - congratulations!

[Anonymous]

The school broke the law by not evaluating your child in the first place. That is why they are working with you now. They are afraid of a lawsuit.