Denied evaluation for autism spectrum child at FCPS. Now what?
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Anonymous
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I'm telling you what the policies are at several FCPS schools where I have worked. I'm not saying I agree with it. I have done educational testing when LD chairs have come up with excuses. We have actual meetings about this where special ed department chairs talk about reasons to test, reasons not to test, reasons we "don't have to test." That is why she is running into a staff that will not test. It's a team decision. If they all gang up on mom and say that they have no concerns, then testing is thrown out the window. I'm telling her the easiest way to get action- bring in test scores from private therapists that list deficits, needs, and accommodations that should be provided at school. And get ready for school testing to try to get out of whatever they recommend.
Testing is still a "best practice" for re-evals. I had several high school students throughout the years who were not tested since elementary school. My boss has fought in many meetings to get educational testing done because a lot changes over the course of 6 or however many years. I have fought for my students to get testing. I have fought even over the age of 18 when LD chairs say that there is no need to test because the programing won't change. It may not, but if a child has a traumatic brain injury, seizure disorder, progressive neurological condition, they may suddenly qualify for ID and get community services that they wouldn't otherwise. The rebuttal I get is "whatever happens after school is not why we test. We test to develop IEPs and determine services." This is not just one school. They do file reviews instead of testing. One of my severely disabled kids almost didn't qualify for medicaid or ID services (I can't remember which) because he didn't have updated testing. The school was arguing that they didn't have to test because he was in an ID program and nothing would change with testing. His mom had to bring in a file review with his IEP goals and hope that the medicaid office could see that there was a significant delay. If not, she was going to have to pay, out of pocket, for educational testing. And she was a special ed teacher. Until it's in writing that there must be testing for any eligibilities, schools will get out of them. With an IEE, you can go and get one all you want, but it doesn't mean FCPS will pay for it. You'll have to go through due process and let them decide if it was necessary. If that's the route she wants to take, it would be better to go through due process before paying out of pocket because it likely won't be paid for. They may come back to the school and make them test because it would cost them nothing. They denied to pay for a physical examination for one of my students who had a progressive medical condition and no health insurance. OP, put in a referral to care connection for children. They have advocates who can go with you to meetings like this and fight for you. If socialization is the issue, I don't understand why community programs are a joke. I don't care what program it is, library story time, sports, clubs. He would be around other kids and someone, other than mom, could encourage socialization. It sounds like this battle is going to take awhile since they flatly refused to do anything. PP, I'm sorry if my post offended you, but I was trying to let the OP know WHY that happened, the best way to go about fixing it, and what happens within the schools. It doesn't mean that it's right, but these are the policies that we're told to follow. |
Anonymous
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What is offensive is how you continue to give bad advice. You seem to be adding confusing extraneous situations in what I assume is an attempt to muddy the issue and cover up your lack of knowledge.
Schools get out of testing because parents lack knowledge of their rights. The parent has better options than paying for testing on her own. She can request an admin review or mediation and/or file a complaint. The parent can also consider a due process hearing. Asking for a review or filing a complaint can be done easily with no cost. You are wrong again when you say a parent has to go through a due process hearing to get an IEE that the school system pays for. That is just not true. The cards are stacked against parents in due process hearings in the state of Va except in cases where the dispute is over eligibility. You say you want to show op how the school thinks but this may be at your school where the staff ignore the laws. I won't let you get the last word with incorrect information and bad advice. |
Anonymous
I know that others have already made separate criticism of your advice, but I find these two aspects so egregious to require note. First, it is NOT true that a child who is non-verbal, blind, or deaf but on grade level will be denied services. As many others have noted being "on grade level" is not the same as saying there is "no adverse impact on educational performance." Imagine a blind child who, with the help of peer, parents and a sympathetic teacher, is able to complete homework and in class assignments because those people read and write for the blind child, but that child fails some tests which can't be accommodated. That child may end up with a "B" or "C", and be labelled "functioning on grade level". But, obviously that child qualifies for a host of services -- braille, reader technology, computer or scribe writer, and any special instruction that is necessary to provide access to the instruction and to demonstrate acquired skills. That child would qualify for those services even if, somehow, he/she remained "on grade level" without them. Also, take your example of a non-verbal child who "doesn't care" about talking to other kids. Of course, being non-verbal has an educational impact, even if the child is "performing on grade level". Verbally participating in class is a critical part of "being able to access classroom instruction" and "demonstrating skills". A child who can't or won't speak isn't able to -- ask the teacher questions, participate in group discussion, offer his/her own insights, participate in group work with peers, etc. The fact that many of these activities may not be graded doesn't mean that there is no obligation to create an inclusive environment. A non-verbal child who is "on grade level" clearly can demonstrate "adverse impact on educational performance". And, by the way, we don't determine services based on whether a child "cares" if he or she can do something. My child has difficulty writing, but even if he doesn't "care" to write, he still gets and IEP and services. As others have said -- "adverse impact" doesn't equate with "grades" or being "on or above grade level." In fact, federal law says that a child can be passing from grade to grade (i.e. on grade level) and still receive help under IDEA. |
Anonymous
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I'm really confused.
If the child in question is young, and is performing at a developmentally appropriate level, then why is there a concern for additional evaluations and potentially more services? Is it solely because of the social issues? Because many children face social issues--isn't that normal? And if it needs to be addressed, can't it be worked on and supported the same way it would be handled for all children? Gee, all kids have different personalities, is it healthy to try so aggressively to mold them? |
Anonymous
This thread is talking about kids with who have a medical diagnosis, Autism Spectrum Disorder, which is recognized as a disorder under IDEA, not people with just introverted personalities. Since it's obvious you don't have a child whose diagnosed medical issues are impacting their education in ways other than just grades, you needn't concern yourself about why they get services and supports to address these needs. If after reading through this thread, you still don't "get it". Oh well. |
Anonymous
That's the heart of this issue: the difference between medical and academic diagnoses. |
Anonymous
Whatever... school systems follow the medical diagnosis for academic supports and services. Apparently, FCPS or OP's school specifically did not in OP's case which is ridiculous. Most kids with ASD have both a medical diagnosis and an education designation (no such thing as an "academic diagnosis"). If they don't have both, it's probably a good idea to go get them. |
Anonymous
Oh, there absolutely is. The protocol, each and every time an IEP is created, in every state in this country, begins with one question: Is there a disability? Teachers, school psychologists, etc., are not medical doctors: the "diagnosis" they make is purely an academic one. Is there overlap? Absolutely. Always? Not necessarily. |
Anonymous
You are arguing semantics. That academic "diagnosis" is purely for the purposes of getting an IEP: it's an educational category to see under which category, ASD, OHI, etc a child qualifies for an IEP under IDEA. A medical diagnosis will always trump an "educational category". OP has a medical diagnosis of ASD but her school refused to evaluate her child for an IEP while acknowledging that the child does have ASD! You seem to be arguing that despite having a medical disorder that is recognized under IDEA the school is correct in refusing to even evaluate b/c the child's grades are at grade level which is not what the law says. You are an idiot as well as the OP's school. |
Anonymous
They are 2 completely different forms of diagnoses (e.g. you don't see many medical doctors diagnosing reading disabilities). You can't "trump" something that is based on a different set of criteria, but because all factors should be considered, the school should be more amenable. I'm don't work in schools, but I empathize with the individuals who have to deal with you--lol! |
Anonymous
This is a thread about a child with ASD which happens to be a medical diagnosis. Not sure why you are here since you obviously don't have a child with ASD... other than to question their need for supports and services which says something about you. |
Anonymous
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They are 2 completely different forms of diagnoses (e.g. you don't see many medical doctors diagnosing reading disabilities). You can't "trump" something that is based on a different set of criteria, but because all factors should be considered, the school should be more amenable. I'm don't work in schools, but I empathize with the individuals who have to deal with you--lol! So you don't work in schools and you don't have a child with ASD. So what's it to you whether kids with ASD get IEPs, get evaluated for IEPs, get help at school? |
Anonymous
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I didn't read through all the posts, but OP, it doesn't matter if your child is doing fine academically. The law states that educational performance must be evaluated, and the definition is much broader than academic performance. Educational performance includes areas like behavior, social, and emotional status. It is not enough for the district to say that he gets passing grades and scores fine on standardized tests so he doesn't qualify.
http://www.mhas-la.org/SpecialEducation/AcademicversusEducationalAssessmentFactSheetV312.13.12.pdf Unfortunately, if you signed off in agreement of their assessment, I believe you must wait a year to ask for another evaluation. Fight this, OP. School districts get away with stuff like this because parents don't know what they don't know. Good luck. |
Anonymous
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I think there is a lot of confusion in this thread between the idea of a "medical diagnosis" and an "academic diagnosis", because of the imprecise language and assumptions.
First, any child who goes thru the IDEA process has to demonstrate that they have one of the disorders listed in the statute. These vary widely -- autism, speech/language impairment, hearing impairment, visual impairment, orthopedic impairment, neurological impairment (like TBI), specific learning disability, etc. (see IDEA statute at IA6023 for full list). Because the IDEA disorders vary so widely, the kind of professionals who can "diagnose" these issues also varies widely -- doctors, psychologists, speech/language pathologists, audiologists, etc. In fact, school-based psychologists are qualified to diagnose many of these issues (autism, emotional disturbances, ADHD) for the purposes of meeting the "disorder" prong of the IDEA test. Other school-based staff, like a speech pathologist, can diagnose speech/language impairment, hearing impairment (school audiologist), etc. All of these "diagnoses" are made on the basis of different types of assessments, depending on the practitioner, but the diagnosis usually conforms to the DSM diagnosis definition, because that is standard across all professions (i.e. the doctor, psychologist and speech pathologist all can/should be referring to it). I think this is what one PP is referring to as "medical diagnosis", assuming that only a doctor can make such a diagnosis, which is incorrect. A "diagnosis" of an IDEA-listed disorder is necessary (but not sufficient) for IDEA, but it does not have to be made by a doctor. However, when a doctor makes the diagnosis, typically, if the school-based team disagrees ABOUT THE PRESENCE OR ABSENCE OF THE DISORDER, then the doctor's diagnosis usually trumps because he/she is the typically the most educated/highly trained person providing information to the IEP team. For example, if your IEP team says, "we think your DC is autistic and we want to place him/her in an autism program," and your doctor has explicitly ruled out an "autism" diagnosis (and you provide the IEP team a written report from the doc to that effect), then it will be nearly impossible for the IEP team to continue to treat your DC as autistic (if you oppose it). In this sense, the doctor's "diagnosis" trumps the team's "diagnosis". BUT, the IEP team can still trump a doctor in a different area and that is in making the determination that the child is a "child with a disability" within the meaning of IDEA. This is confusing to many people, because in everyday language we assume that a person with a "diagnosis" is de facto "disabled". But to be a "child with a disability" within the meaning of IDEA, the child must have one of the listed disorders AND "by reason thereof need special education and services." Therefore to be deemed a "child with a disability under IDEA, families have to prove that their child has 1) a disorder that 2) adversely effects educational performance and 3) needs special education. Typically, the IEP team (and not the doctor) makes the determination about prongs 2 and 3 (adverse impact and special education). I think it is this idea to which a PP refers as "academic diagnosis" -- although I think the more accurate term is "eligibility determination". To get back to OP's original problem -- which was that the school team denied an IEP to her child diagnosed with autism on the basis that he/she was at grade level -- I would suggest looking at this link from NASP (the National Association of School-based Psychologists) -- http://communities.nasponline.org/blogsmain/blogviewer/?BlogKey=1680188d-e8fa-44c8-b4b9-c1dfdf549ee2. It basically states that a school psychologist is qualified to diagnose autism and that, " Because of the significant problems in social interaction development common to all autism spectrum disorders, it is recommended that children with any ASD be eligible for special education services under the category of autism." So, it seems clear that a student with autism who is doing "fine" academically but only needs help with social interaction should be eligible for IEPs. OP, FWIW, I have found that the most "helpful" person at the table is often the school psychologist. I put "helpful" in quotes, because I found that they rarely are rarely voluntarily helpful, but if you direct your information and questions to them explicitly during a taped meeting, they have a harder time saying no than other staff because they have, a professional ethical obligation to speak up on the students behalf, and not just meet the needs of the school. Often, if you point the school psych to specific data that supports your position in the three prong test, and you explicitly ask if they agree with the decision to deny an IEP, they will have a more difficult time saying "no". (IME, anyway.) FWIW, IME, the school psychologist has often NOT read the underlying private reports provided but instead rely on summaries of those documents made by the sped team chair or the other specialist (SPL, OT, etc.), so if you disagree with the way the other professional is presenting the underlying report, raise the specific data at the IEP table. Provide the article I've linked to and ask the school psychologist on tape if he/she agrees with the decision not to provide an IEP to the child. (give them the paper a week ahead of time). |
Anonymous
| PP this is excellent info! But the link didn't work for me. Could you try again? |